                                          In The

                                   Court of Appeals
                      Ninth District of Texas at Beaumont
                                _________________
                                  NO. 09-12-00342-CV
                                _________________

               IN RE COMMITMENT OF LARRY DALE LANZONE


________________________________________________________________________

                   On Appeal from the 435th District Court
                        Montgomery County, Texas
                      Trial Cause No. 11-12-12933-CV
________________________________________________________________________

                                         ORDER

        The reporter’s record, due August 29, 2012, has not been filed. Heather Deiss

and Grey Cheney are responsible for preparing, certifying, and timely filing the reporter’s

record. See Tex. R. App. P. 35.3(b). On September 24, 2012, we informed the court

reporters that the record must be filed within thirty days or the matter would be referred

for an enforcement order. The court reporters failed to file the record by the due date.

       It is, therefore, ORDERED that the appeal be ABATED and the cause

REMANDED to the trial court for a hearing to determine why the reporter’s record has

not been filed. See Tex. R. App. P. 37.3(a)(1). The trial court shall determine why the


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court reporters did not timely file the record, and may make such orders as shall be

necessary to ensure the reporter’s record is promptly filed. See Tex. R. App. P. 35.3(c)

(“The trial and appellate courts are jointly responsible for ensuring that the appellate

record is timely filed.”). A reporter’s record shall be made of the hearing and, together

with a supplemental clerk’s record containing any findings or orders of the trial court,

shall be filed with the Court of Appeals by November 26, 2012.

      ORDER ENTERED October 25, 2012.

                                                             PER CURIAM



Before McKeithen, C.J., Gaultney and Kreger, JJ.




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