Opinion
04-23-01081-CV
02-08-2024
Jimmy POTHITAKIS, Appellant v. UNITRIN SAFEGUARD INS. CO, Appellee
From the County Court At Law No. 10, Bexar County, Texas Trial Court No. 2020CV02127 Honorable Cesar Garcia, Judge Presiding
ORDER
LORI I. VALENZUELA, JUSTICE
On January 16, 2024, court reporter Yvonne S. Nino filed a notice of late record explaining she is not the court reporter responsible for filing the record because court reporter David Zarate was the court reporter on the day of trial. This court notified Mr. Zarate that the record was late. Mr. Zarate responded by stating the reporter's record was not filed because appellant had failed to pay or make arrangements to pay the reporter's fee for preparing the record and appellant was not entitled to appeal without paying the fee.
On January 22, 2024, this court issued an order requiring appellant to provide written proof, no later than February 1, 2024, that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee.
On January 31, 2024, appellant filed a response stating he had attempted multiple times to procure the record from Mr. Zarate. On February 6, 2024, Mr. Zarate filed a letter informing the court that appellant failed to pay or make arrangements to pay the reporter's fee because appellant disagreed with the price.
Because appellant failed to provide written proof either (1) the reporter's fee has been paid or arrangements have been made to pay Mr. Zarate's fee; or (2) appellant is entitled to appeal without paying the reporter's fee, pursuant to our January 22, 2024 order, appellant's brief is due no later than February 23, 2024. As cautioned in our order, the court will only consider those issues or points raised in appellant's brief that do not require Mr. Zarate's record for a decision. See Tex. R. App. P. 37.3(c).