Opinion
Appellate case number: 01-16-00318-CV
05-26-2016
Downstream Environmental, L.L.C. v. BFI Waste Services of Texas LP d/b/a Republic Services of Houston
ORDER Trial court case number: 2012-48967 Trial court: 281st District Court of Harris County
Appellant, Downstream Environmental, L.L.C., has filed a notice of appeal of a final judgment signed on January 19, 2016. The record was due to be filed in this Court on May 18, 2016. See TEX. R. APP. P. 35.1(a). On May 12, 2016, the Clerk of this Court notified appellant that the court reporter responsible for preparing the record had informed the Court that appellant had not paid, or made arrangements to pay, for the reporter's record. See id. 35.3(b). The Clerk further notified appellant that unless it provided written evidence that it had paid, or made arrangements to pay, for the reporter's record, or provided proof that appellant is entitled to proceed without payment of costs by June 13, 2016, the Court might consider the appeal without a reporter's record. See id. 37.3(c). Representing that the case has settled, appellant has filed an unopposed motion requesting a thirty-day extension to finalize the settlement or file the clerk's and reporter's records.
We construe the motion as a motion to extend the time within which to pay, or make arrangements to pay, for the clerk's record and reporter's records, and GRANT the motion. See TEX. R. APP. P. 35.3(a), (b). Within 30 days of the date of this order, appellant is directed to advise the Court of the status of the proceedings, including a response to this Court's notices regarding the reporter's record and clerk's record, or, if appropriate, file a motion to dismiss this appeal.
It is so ORDERED. Judge's signature: /s/ Terry Jennings
[×] Acting individually Date: May 26, 2016