Opinion
04-23-00810-CV
10-10-2023
Scott HARRISON, Appellant v. Barbara CHRISTMAN, et al, Appellee
From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 23-079 Honorable Kirsten Cohoon, Judge Presiding
ORDER
BETH WATKINS, JUSTICE.
The reporter's record was originally due October 9, 2023, but was not filed. On September 29, 2023, the court reporter filed a notification of late record, stating that the reporter's record has not been filed because appellant failed to request the record in writing. We therefore ORDER appellant to provide written proof to this court by October 20, 2023 that he has requested the court reporter to prepare the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included. See Tex. R. App. P. 34.6(b)(1). The reporter's record must be filed no later than thirty days after the date appellant's written proof is filed with this court.
The court reporter's notification also states that the reporter's record was not filed because appellant failed to pay or make arrangements to pay the court reporter's fee for preparing the record and appellant was not entitled to appeal without paying the fee. The clerk's record, which was filed on October 6, 2023, contains a Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. See Tex. R. Civ. P. 145(b). The record does not indicate that any party challenged appellant's claim of indigence or that the trial court overruled that claim. See id. R. 145(e), (f).
If appellant fails to request the record in writing, appellant's brief will be due within thirty days of the date of this order, and the court will consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c).