Opinion
04-24-00190-CV
06-11-2024
Oscar A. MIRANDA, Appellant v. Karen PENA et al, Appellee
From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2024CV01721 Honorable David J. Rodriguez, Judge Presiding
ORDER
LUZ ELENA D. CHAPA, JUSTICE
On April 29, 2024, the court reporter filed a notification of late record, stating the reporter's record had not been 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 notification further stated appellant had failed to request the record in writing. On May 1, 2024, we ordered appellant to provide written proof to this court by May 13, 2024, showing appellant had requested the court reporter to prepare the reporter's record. We further provided if appellant failed to respond within the time provided, appellant's brief would be due by May 31, 2024, and we would consider only those issues or points raised in appellant's brief not requiring a reporter's record for a decision. See id. Tex. R. App. P. 37.3(c). As of date, appellant has not filed a response, brief, or motion for extension of time.
We therefore order appellant to file, by June 21, 2024, his brief and a written response reasonably explaining his failure to timely file a brief and why appellee is not significantly injured by appellant's failure to timely file a brief. If appellant fails to timely file a brief and the written response, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 38.8(a); see also id. R. 42.3(c) (allowing involuntary dismissal if appellant fails to comply with court order).