Opinion
No. 04-16-00734-CV
02-01-2017
Michael A. SALAZAR, Appellant v. HEB GROCERY COMPANY, LP and Wal-Mart #1198, Appellees
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-CI-11032
Honorable John D. Gabriel, Jr., Judge Presiding
ORDER
The reporter's record was due December 27, 2016, but it was not filed. This court notified the court reporter, Sheri Linder, that the reporter's record was late. The court reporter has responded to our notice by stating that the record has not been filed because appellant Michael Salazar has not paid or made arrangements to pay the reporter's fee to prepare the record and that appellant is not entitled to the record without paying the fee. See Tex. R. App. P. 34.6(b), 35.3(b). Ms. Linder states that she advised appellant of the cost to prepare the record on October 13, 2016.
We order Michael Salazar to provide written proof to this court by February 13, 2017 that either (1) the reporter's fee has been paid or arrangements satisfactory to the reporter have been made to pay the reporter's fee or (2) appellant is entitled to the record without prepayment of the reporter's fee. See Tex. R. App. P. 20.1, 35.3(b). If appellant fails to file such proof within the time provided, appellant's brief will be due March 3, 2017, and the court will only consider those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c).
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of February, 2017.
/s/_________
Keith E. Hottle
Clerk of Court