Opinion
04-21-00172-CV
07-15-2021
J-W Power Company, Appellant v. Duval County Appraisal District, Appellee
From the 229th Judicial District Court, Duval County, Texas Trial Court No. DC-19-210 Honorable Baldemar Garza, Judge Presiding
ORDER
PATRICIA O. ALVAREZ, JUSTICE.
On April 15, 2021, Appellant filed a Notice of Appeal with no court reporter copied on the notice. On May 12, 2021, upon this court' request, the reporter wrote a notice to this court that no reporter's record was requested in this case. On May 13, 2021, Appellant submitted a docketing statement in which it indicated that there was a reporter's record and that Appellant did not request the reporter's record. At this court's request, Appellant submitted an amended notice of appeal on May 14, 2021, that included notice to the court reporter. But following the amended notice, both parties submitted their appellate briefs without reference to a reporter's record.
Under Texas Rule of Appellate Procedure 37.3(c), this court "may--after first giving the appellant notice and a reasonable opportunity to cure--consider and decide those issues or points that do not require a reporter's record for a decision." Tex.R.App.P. 37.3(c); Bohyun Kim v. Myoung Ki Kim, No. 13-18-00269-CV, 2020 WL 1060577, at *4 (Tex. App.-Corpus Christi Mar. 5, 2020, no pet.) (mem. op., not designated for publication); Albert Lee Giddens, APLC v. Cuevas, No. 14-16-00772-CV, 2017 WL 4159263, at *2 (Tex. App.-Houston [14th Dist.] Sept. 19, 2017, no pet.) (mem. op., not designated for publication).
Accordingly, Appellant may decide to request and pay for a reporter's record in this case if it notifies this court within TEN DAYS that Appellant intends to do so. Otherwise, this court will only "consider and decide 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).