Opinion
04-23-00836-CV
03-13-2024
Maryvel SUDAY and The Estate of Olga Tamez de Suday, Appellants v. Jesus Lozano SUDAY, Appellee
From the County Court at Law, Val Verde County, Texas Trial Court No. 3625CCL The Honorable Stephen B. Ables, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice
On January 26, 2024, we issued an order granting the motion to withdraw filed by appellants' counsel. As stated in that order, appellant Maryvel Suday ("Suday") is now proceeding pro se, and appellant the Estate of Olga Tamez de Suday (the "Estate") is currently unrepresented. We ordered appellants to file their briefs by February 29, 2024.
On February 29, 2024, Suday filed "Appellant's Emergency Motion for a 30-Day Extension[,] Motion to Compel, and Notice of Status." This motion requests an extension of the briefing deadline and a motion to compel court reporters Micah Gentry and Lisa Blanks to file the reporter's record.
We DENY IN PART Suday's motion to the extent it seeks to compel the court reporters. This appeal is from the trial court's "Final Order" dated June 27, 2023. Suday filed her notice of appeal on July 25, 2023. The docketing statement reflects that the court reporter is Blanks. Suday complains about Gentry's failure to provide her with a transcript from a February 1, 2024 hearing; however, Suday has not explained how a transcript from a hearing held seven months after entry of the complained-of order could comprise part of the reporter's record for this appeal. Cf. Tex. R. App. P. 34.6(b) (specifying request for record must be made "[a]t or before the time for perfecting the appeal").
As to Blanks, we previously ordered appellants to file proofs (1) that they have requested the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included, and (2) that either the reporter's fee has been paid or arrangements have been made to pay the reporter's fee, or appellants are entitled to appeal without paying the reporter's fee. Appellants failed to respond by our deadline, even after we extended it. Consequently, pursuant to our order dated November 21, 2023, we stated that we would consider only those issues or points raised in appellants' briefs that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c). With her motion, Suday has now provided her correspondence with Blanks, which shows that the fee for the reporter's record is $720.00 and that Blanks requires full payment before Blanks will file the reporter's record. Although we previously stated that we would consider only those issues or points raised in appellants' briefs that do not require a reporter's record for a decision, we now reconsider the matter; Suday is proceeding pro se and application of procedural rules may require different results with a pro se litigant. See Li v. Pemberton Park Cmty. Ass n , 631 S.W.3d 701, 705-06 (Tex. 2021).
Accordingly, we ORDER Suday to provide written proof to this court on or before March 20, 2024, that the reporter's fee of $720.00 has been paid to Blanks. We further ORDER that, if Suday timely files written proof, Blanks must file the reporter's record no later than thirty (30) days after the date Suday files her written proof with this court. If Suday fails to respond within the time provided, this court will consider only those issues or points raised in appellants' briefs that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c).
Further, we GRANT IN PART Suday's motion to the extent it requests an extension of the time to file her brief as follows: We ORDER that, if Suday timely files written proof, appellants' briefs will be due thirty (30) days from the date the reporter's record is filed; however, if Suday fails to timely file written proof, appellants' briefs will be due within (30) days from the date of this order.