Opinion
04-22-00562-CV
08-03-2023
Virley-Leroy SESSION, Appellant v. RIATA LAND ASSOCIATION HOMEOWNERS, INC., Appellee
From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 21-2100-CV-E Honorable Heather H. Wright, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On July 11, 2023, we ordered court reporter, Ms. Amy Russell, to file the reporter's record for this case by July 26, 2023. We further advised Ms. Russell if she was not responsible for preparing the record, the record had not been requested, or the record had not been paid, then she must file a response informing us by the ordered date. On July 26, 2023, Ms. Russell filed a notification of late record indicating she was not the court reporter responsible for preparing the record, and instead court reporter Melinda Walker was responsible for the record.
On July 27, 2023, we notified the court reporter, Ms. Melinda Walker, that the reporter's record was past due. Ms. Walker responded to our notice by 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 and appellant is not entitled to appeal without paying the fee. Ms. Walker further informed us appellant has failed to request the record in writing as required by Texas Rule of Appellate Procedure 34.6(b).
We therefore order appellant to provide written proof to this court by August 18, 2023 showing he has properly requested the court reporter to prepare the reporter's record; in accordance with Texas Rule of Appellate Procedure 34.6(b), his request must designate the portions of the proceedings and the exhibits to be included, and he must file a copy of the request with the trial court clerk. See Tex. R. App. P. 34.6(b). We further order appellant to provide written proof to this court by August 18, 2023 showing either (1) Ms. Walker's fee has been paid or arrangements have been made to pay her fee; or (2) he is entitled to appeal without paying her fee. See id. R. 35.3(b)(3). The reporter's record must be filed no later than thirty days after the date appellant's written proof is filed with this court. If appellant fails to request the record is writing and pay the required fee, we will consider only 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).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of August, 2023.