Opinion
Appellate case number: 01-19-00397-CV
08-27-2019
Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II v. Newbiss Property, L.P. and Sandcastle Homes, Inc.
ORDER Trial court case number: 2010-20973-A Trial court: 234th District Court
Appellant filed his notice of appeal on May 3, 2019. See TEX. R. APP. P. 26.1. The record was due on June 12, 2019. See TEX. R. APP. P. 4.1(a), 35.1. The clerk's record was filed on August 7, 2019. The reporter's record has not been filed.
On June 24, 2019, 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 July 24, 2019, 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).
It is so ORDERED. Judge's signature: /s/ Sherry Radack
[×] Acting individually [ ] Acting for the Court Date: August 27, 2019