Opinion
No. 05-18-00715-CV
08-27-2018
MICHAEL G. "MIKE" LEE, CANDIDATE FOR 101ST DISTRICT COURT; THE DALLAS COUNTY REPUBLICAN PARTY; MISSY SHOREY AS DALLAS COUNTY REPUBLICAN PARTY CHAIR, Appellants v. THE DALLAS COUNTY DEMOCRATIC PARTY; CAROL DONOVAN, AS THE DALLAS COUNTY DEMOCRATIC PARTY CHAIR, AND STACI WILLIAMS, CANDIDATE FOR 101ST DISTRICT COURT, Appellees
On Appeal from the 44th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-18-00641
ORDER
Before the Court is deputy court reporter Terri Etekochay's request for a 30-day extension of time to file the reporter's record. According to this Court's records, the judgment appealed from was signed March 19, 2018, and appellants filed their notice of appeal in the trial court on June 18, 2018. Appellants stated in their July 3, 2018 civil appellate docketing statement that the reporter's record was requested on June 19, 2018 and payment arrangements had been made. In Ms. Etekochay's current extension request, however, she avers that she did not receive a request for the reporter's record until July 29, 2018 and received payment "a week later."
The record was due to be filed July 17, 2018. By postcard dated July 19, 2018, we notified the parties' counsel of record, pro se appellant Michael Lee, Ms. Etekochay, and David Langford, the trial court's official court reporter, that the reporter's record was overdue and directed the court reporter to file within 30 days (1) the reporter's record, (2) written verification that no hearings were recorded, or (3) written verification that appellant has not requested the reporter's record. By letter dated July 25, 2018, Ms. Etekochay notified the Court that payment had not been received for the reporter's record in this appeal.
By letter dated July 25, 2018, we informed appellants and their counsel that the court reporter notified us that the reporter's record had not been filed because appellants had not (1) requested the record, or (2) paid for or made arrangements to pay for the record. We directed appellants to provide the Court with written verification showing the reporter's record had been requested and that appellants had paid for or made arrangements to pay for the record or had been found entitled to proceed without payment of costs. We cautioned appellants that failure to provide the required documentation within ten days might result in the appeal being ordered submitted without the reporter's record.
To date, appellants have not provided the required documentation nor otherwise corresponded with the Court regarding the status of the reporter's record. By order dated August 21, 2018, we ordered this appeal submitted without a reporter's record, and ordered an expedited briefing schedule because the appeal involves an election contest that may become moot if not decided before absentee balloting begins. See, e.g., Price v. Dawson, 608 S.W.2d 339, 340 (Tex. Civ. App.—Dallas 1980, no writ) (election contest moot because absentee balloting began during pendency of the appeal); TEX. ELEC. CODE § 86.004. We ordered appellants' brief(s) filed on or before August 31, 2018, appellees' brief(s) filed on or before September 10, 2018, and appellants' reply brief(s), if any, filed on or before September 14, 2018.
Because a 30-day extension for the reporter's record will severely impact this Court's ability to decide this appeal before the case becomes moot, we request that appellants file a response to Ms. Etekochay's request by noon on Tuesday, August 28, 2018.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE