Opinion
04-22-00582-CV
10-27-2022
IN THE INTEREST OF T.J.B.
From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2016CI19887 Honorable Antonia Arteaga, Judge Presiding
ORDER
LUZ ELENA D. CHAPA, JUSTICE
The reporter's record was due by October 17, 2022, and when it was not filed, we notified the designated court reporter, Mary Martinez Wilson, of the deficiency on October 18, 2022. On October 24, 2022, Ms. Wilson filed a notification of late record stating she was not the court reporter for this case. After Ms. Wilson filed her notification, appellant filed a letter indicating he has attempted to contact Herminia Torres by email, phone, and text regarding preparation of the record. On October 26, 2022, Ms. Torres filed a notification of late record indicating the reporter's record has not been filed because appellant did not contact her about the record until October 24, 2022, appellant has not paid for the record, and she needs an extension until November 17, 2022 to file the record.
Texas Rule of Appellate Procedure 34.6(b)(1) provides, "the appellant must request in writing that the official reporter prepare the reporter's record." Tex.R.App.P. 34.6(b)(1). This request must designate the portions of the proceedings and exhibits to be included. Id. Appellant's letter does not comply with Rule 34.6(b)(1).
We therefore order appellant to provide written proof to this court by November 7, 2022 showing he properly requested the correct court reporter to prepare the reporter's record. See id. Appellant's response must include a copy of request sent to the court reporter. Appellant's response must also show the reporter's fee has been paid or arrangements have been made to pay the reporter's fee, or he is entitled to appeal without paying the reporter's fee. Appellant is advised if he fails to respond within the time provided, appellant's brief will be due within thirty days from the date of this order and this 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 id. R. 37.3(c).