Opinion
01-23-00859-CV
02-01-2024
Williamson Survivors v. Balbir Chahal et al
125th District Court of Harris County Trial court case No: 2021-14298
ORDER
Sarah Beth Landau, Judge
The record in this appeal was due on December 4, 2023. The clerk's record was filed on December 5, 2023, but the reporter's record has not been filed. On December 5, 2023, the Clerk of this Court notified appellants that the court reporter responsible for preparing the record in this appeal informed the Court that appellants had not requested the reporter's record or had not made arrangements to pay for the record. See Tex. R. App. P. 35.3(b). The Clerk further notified appellants that unless they provided proof of payment for preparation of the reporter's record, proof of having made payment arrangements for the reporter's record, or a response showing that they were exempt from paying for the reporter's record by January 9, 2023, the Court might consider the appeal without a reporter's record. See Tex. R. App. P 37.3(c).
Although appellants filed a statement of inability to afford costs with our Court on December 4, 2023, the clerk's record does not indicate that appellants filed a statement of inability to afford payment of costs with the trial court in accordance with Texas Rule of Civil Procedure 145. See Tex. R. App. P 20.1(a) (defining "costs" to mean "filing fees charged by the appellate court" and providing that "[f]ees charged for preparation of the appellate record are governed by Texas Rule of Civil Procedure 145."). To date, the reporter's record has not been filed and appellants have not demonstrated that payment arrangements have been made for the reporter's record. Accordingly, the Court will consider and decide those issues or points that do not require a reporter's record for a decision. See id.
Appellants, who are proceeding pro se, filed a brief on January 22, 2024. The brief does not comply with the briefing requirements set out in the Texas Rules of Appellate Procedure. See Tex. R. App. P 38.1. "[P]ro se litigants are held to the same standards as attorneys and must comply with all applicable and mandatory rules of pleading and procedure." DeMino v. Sheridan, 176 S.W.3d 359, 373 n. 17 (Tex. App.-Houston [1st Dist.] 2004, no pet.). Accordingly, appellants' brief filed on January 22, 2024 is stricken. See Tex. R. App. P. 38.9. Appellants are ordered to file a corrected brief within 30 days of the date of this order in compliance with Rule 38.1. See Tex. R. App. P. 38.1. If appellants fail to comply with this order, the Court may dismiss the appeal. See Tex. R. App. P. 42.3.
Appellants' motion for an extension of time to file their brief is dismissed as moot.
It is so ORDERED.