Opinion
No. 05-16-00131-CV
09-29-2016
GILBERTO PEREZ, Appellant v. IYK TEXAS CORP., Appellee
On Appeal from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-11816
ORDER
The reporter's record in this case has not been filed. By letter dated March 21, 2016, we informed appellant the Court Reporter had notified us that the reporter's record had not been filed because appellant had not (1) requested the record; or (2) paid for or made arrangements to pay for the record. We directed appellant to provide the Court with written verification he had requested the record and had paid for or made arrangements to pay for the record, or had been found entitled to proceed without payment of costs. We cautioned appellant that failure to provide the required documentation within ten days might result in the appeal being ordered submitted without the reporter's record. See TEX. R. APP. P. 37.3(c). Thereafter, appellant filed the docketing statement indicating he would be requesting the reporter's record. Appellant also filed an affidavit of indigence. See TEX. R. APP. P. 20.1. The affidavit was contested, and the contest was sustained. Because the contest was sustained, appellant is not allowed to proceed without advance payment of costs. To date, however, he has not provided us written verification he has paid or made arrangements to pay for the record. Accordingly, we ORDER this appeal submitted without a reporter's record. See TEX. R. APP. P. 37.3(c).
We note that the deadline for filing appellant's brief was inadvertently set when the clerk's record was filed. See TEX. R. APP. P. 38.6(a). When that deadline passed and appellant had not filed a brief, appellee moved to dismiss the appeal. Having now ordered the appeal submitted without a reporter's record, we ORDER appellant's brief be filed thirty days from the date of this order. No extensions will be granted absent exigent circumstances and failure to file the brief may result in dismissal of the appeal without further notice. See TEX. R. APP. P. 38.8(a)(1), 42.3(b),(c). We DENY appellee's motion to dismiss as premature.
/s/ CRAIG STODDART
JUSTICE