Opinion
01-23-00532-CV
05-07-2024
Francessie Abram v. Eaglewood Homeowners' Association, Inc.
Trial court: 434th District Court of Fort Bend County Trial court case number: 20-DCV-270701.
ORDER
Gordon Goodman, Judge.
The clerk's record was filed on October 20, 2023, but the reporter's record has not been filed. On September 20, 2023, the Clerk of this Court notified appellant that the court reporter responsible for preparing the record in this appeal informed the Court that the record had not been filed because appellant either (1) failed to request the reporter's record or (2) had not made arrangements to pay for the record. See Tex. R. App. P. 35.3(b). The Clerk further notified appellant that unless she caused the reporter's record to be filed in this Court, made arrangements to pay for the reporter's record, or provided proof that she is entitled to proceed without payment of costs by October 20, 2023, the Court might consider the appeal without a reporter's record. See Tex. R. App. P. 37.3(c). On November 21, 2023, the court reporter filed an information sheet indicating that appellant still has not paid for the record. To date, the reporter's record has not been filed and appellant has 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. Appellant's brief is ORDERED to be filed within 30 days of the date of this order. See Tex. R. App. P. 38.6(a). Because appellant has already delayed resolution of this case, no extensions of time will be granted absent extraordinary circumstances.
Appellee's motion to set a brief schedule is dismissed as moot. Appellee's motion to dismiss for want of prosecution is denied.
It is so ORDERED.