Opinion
04-23-00836-CV
11-21-2023
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 July 25, 2023, appellants Maryvel Suday and the Estate of Olga Tamez de Suday filed a notice of appeal. The notice was signed by counsel representing appellants. Appellants have filed a docketing statement in this court, listing their representation by the same counsel.
On October 17, 2023, we ordered appellants to provide written proofs regarding their request and payment for the reporter's record. See Tex. R. App. P. 34.6(b)(1), 37.3(c). We ordered appellants' proofs to be filed by November 16, 2023.
On November 16, 2023, appellant Suday, acting pro se, filed an emergency motion for a thirty-day extension of the deadline to file the proofs. In Texas, appellants generally do not have a right to hybrid representation. See In re Black, No. 04-18-00700-CV, 2018 WL 6331052, at *2 (Tex. App.-San Antonio Dec. 5, 2018, no pet.) (mem. op.); In re S.V., 599 S.W.3d 25, 44 (Tex. App.-Dallas 2017, pet. denied); Velzor v. Bradley, No. 02-13-00233-CV, 2014 WL 2144523, at *1 (Tex. App.-Fort Worth May 22, 2014, pet. denied) (mem. op.). In civil cases, a party is entitled to represent himself or be represented by an attorney. See Tex. R. Civ. P. 7. Because appellant Suday is represented by counsel, we DENY his pro se motion. Nevertheless, we sua sponte extend deadlines as follows:
It is ORDERED that appellants must provide written proof to this court on or before December 18, 2023, that appellants have requested the court reporter to prepare the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included. See Tex. R. App. P. 34.6(b)(1).
It is further ORDERED that appellants must provide written proof to this court on or before December 18, 2023, that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellants are entitled to appeal without paying the reporter's fee.
The reporter's record must be filed no later than thirty (30) days after the date appellants' written proofs are filed with this court. If appellants fail to respond within the time provided, appellants' brief will be due within thirty (30) days from the date the clerk's record is filed, and the court will consider only those issues or points raised in appellants' 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 21st day of November, 2023.