Opinion
Appellate case number: 01-19-00287-CV
11-21-2019
Xochytl Diane Greer v. Wesley Michael Melcher
ORDER Trial court case number: 2017-41808 Trial court: 245th District Court of Harris County
Appellant, Xochytl Diane Greer, has filed a notice of appeal of the trial court's Reformed Order Adjudicating Parentage and Suit Affecting Parent-Child Relationship signed on March 13, 2019 and the trial court's Order on Post Judgment Motions signed on August 5, 2019. See TEX. R. APP. P. 25.1, 26.1. The appellate record was due in this Court on July 10, 2019. See TEX. R. APP. P. 35.1. A clerk's record was filed on April 26, 2019. However, a reporter's record has not been filed.
On July 16, 2019, the Clerk of this Court notified appellant that the court reporter responsible for preparing the record in this appeal had informed the Court that she had not paid, or made arrangements to pay, for the reporter's record. See TEX. R. APP. P. 35.3(b). Appellant responded to the Clerk's notice requesting "additional time to [allow her] to request a reporter's record" until after this Court ruled on her Motion for Review of Order Sustaining Court Reporter's Contest to Appellant's Statement of Inability to Pay Costs. On October 29, 2019, this Court affirmed the trial court's order, which had ordered appellant to pay court costs, including fees charged by the court reporter for preparation of the appellate record. See TEX. R. CIV. P. 145(c) (defining "[c]osts" (internal quotations omitted)).
We dismiss appellant's request for "additional time" as moot. We order appellant to provide written evidence that she has paid, or made arrangements to pay, for the preparation of the reporter's record, no later than 30 days from the date of this order. See TEX. R. APP. P. 35.3(b)(3). Unless she timely and adequately responds, this Court may require appellant to file a brief and can consider and decide those issues or points that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3.
Further, according to the Court's record, appellant has not paid the required fees in the above-referenced appeal. See TEX. R. APP. P. 5. Thus, we also order appellant to pay the required fees no later than 30 days from the date of this order or the Court may dismiss the appeal without further notice. See TEX. R. APP. P. 5, 42.3.
It is so ORDERED. Judge's signature: /s/ Julie Countiss
[v] Acting individually [ ] Acting for the Court Date: November 21, 2019