Opinion
No. 04-13-00680-CV
10-23-2013
Denise MCVEA, Appellant v. James KELLER, Appellee
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-11896
Honorable Janet P. Littlejohn, Judge Presiding
ORDER
The clerk's record and reporter's record were due on October 22, 2013. On October 14, 2013, the trial court sustained the contests to appellant's Affidavit of Inability to Pay Costs on Appeal. Accordingly, appellant must pay for both the clerk's record and, if designated, the reporter's record. On October 18, 2013, Victoria Gonzalez, the reporter responsible for preparing, certifying, and filing the reporter's record, filed a notification of late record stating the reporter's record has not been filed because appellant has failed to pay or make arrangements to pay the reporter's fee for preparing the record.
If appellant desires a reporter's record to be filed in this appeal, she must request that a reporter's record be prepared. See TEX. R. APP. P. 34.6(b)(1). Accordingly, if appellant desires a reporter's record, she is hereby ORDERED to (1) request in writing, no later than November 4, 2013, that a reporter's record be prepared and (2) designate in writing, no later than November 4, 2013, the exhibits and those portions of the record to be included in the reporter's record. Id. The appellant is hereby ORDERED to file a copy of the request with both the trial court clerk, id. at 34.6(b)(2), and this court no later than November 4, 2013.
It is further ORDERED that appellant provide written proof to this court no later than November 4, 2013, that the reporter's fee has been paid or arrangements have been made to pay the reporter's fee.
Although the district clerk has not yet filed a notification of late record, if appellant has not already done so, we urge her to contact the district clerk to pay or make arrangements to pay for the clerk's record. Appellant is cautioned that failure to pay for the clerk's record will result in the dismissal of this appeal for want of prosecution.
______________________
Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of October, 2013.
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Keith E. Hottle
Clerk of Court