Amrhein v. Bollinger

Full title: DARLENE C. AMRHEIN, Appellant v. ATTORNEY LENNIE F. BOLLINGER AND…

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 1, 2019

No. 05-18-00567-CV (Tex. App. Apr. 1, 2019)

Opinion

No. 05-18-00567-CV

04-01-2019

DARLENE C. AMRHEIN, Appellant v. ATTORNEY LENNIE F. BOLLINGER AND WORMINTON & BOLLINGER LAW FIRM, Appellees

KEN MOLBERG JUSTICE

On Appeal from the County Court at Law No. 6 Collin County, Texas
Trial Court Cause No. 006-02654-2017

ORDER

This appeal was ordered submitted without the reporter's record on October 4, 2018. Our October 4^th order followed the trial court's order sustaining the court reporter's contest to appellant's statement of inability to afford payment of costs and appellant's statement that the reporter's record would not be filed.

Appellant subsequently filed her brief along with a motion for the reporter's record. Our order on the motion for the reporter's record directed appellant to file, no later than February 19, 2019, written verification she had made arrangements to pay the reporter's fee and provided that we would vacate the order submitting the appeal without the reporter's record upon appellant filing the verification. Rather than filing the requested verification, appellant filed a motion "to supplement this court record," which we construed as requesting, in part, a review of the trial court's order sustaining the contest to appellant's statement of inability to afford costs. While this motion was pending, appellant filed a motion for extension of page limits along with her reply brief. We ORDER as follows.

We DENY the motion for extension of page limits and STRIKE the brief received March 22, 2019. As the Court has, by opinion of this date, affirmed the trial court's order sustaining the contest, we again ORDER appellant to file written verification she has made arrangements to pay the reporter's fee. The verification shall be filed no later than April 8, 2019. Upon the filing of the requested verification, the Court will vacate its order submitting the appeal without the reporter's record, set the deadline for filing the reporter's record, and set a deadline for filing any amended briefs. Failure to file the verification will result in the appeal continuing to proceed without the reporter's record and a reply brief that complies with the length requirement set forth in Texas Rule of Appellate Procedure 9.4(i)(2)(C) being due April 16, 2019.

/s/ KEN MOLBERG

JUSTICE