Opinion
01-23-00564-CV
11-07-2023
Jose Cepeda v. Ascend Performance Materials Texas, Inc.
295th District Court of Harris County No. 01-23-00564-CV
ORDER
Terry Adams, Judge
Appellant filed his notice of appeal on August 3, 2023. See Tex. R. App. P. 26.1. The appellate record was due on September 20, 2023. See Tex. R. App. P. 4.1(a), 35.1. The clerk's record was filed on October 3, 2023. The reporter's record has not been filed.
On September 26, 2023, the Clerk notified appellant that the court reporter responsible for preparing the record in this appeal had informed the Court that appellant had not requested preparation of the record or had not made arrangements to pay for the reporter's record. The Clerk further notified appellant that unless he provided proof of payment for preparation of the reporter's record, proof of having made payment arrangements for the reporter's record, or a response showing that he was exempt from paying for the reporter's record by October 26, 2023, the Court might consider and decide only those issues or points that do not require a reporter's record. See Tex. R. App. P. 37.3(c).
Appellant has not provided the Court with evidence showing that he has paid or made arrangements to pay the court reporter. Accordingly, the Court will consider and decide those issues or points that do not require a reporter's record for a decision. See id.
Appellant's brief is ORDERED to be filed within 30 days of the date of this order. See Tex. R. App. P. 38.6(a). Appellee's brief, if any, is ORDERED to be filed within 30 days of the filing of appellant's brief. See Tex. R. App. P. 38.6(b).
Appellant's motion for extension to file a brief filed on October 31, 2023 is denied as moot.
It is so ORDERED.