Opinion
No. 04-13-00592-CV
10-29-2013
Thelma ARANDA, Appellant v. Ruben QUESADA, Jr., Appellee
From the 81st Judicial District Court, Frio County, Texas
Trial Court No. 12-12-00427CVF
Honorable Stella Saxon, Judge Presiding
ORDER
By order dated September 25, 2013, appellant was ordered to provide written proof to this court that: (A) appellant had requested the court reporter to prepare the reporter's record, TEX. R. APP. P. 34.6(b)(1); and (B) either (1) the reporter's fees had been paid or arrangements had been made to pay the reporter's fees; or (2) appellant is entitled to appeal without paying the reporter's fees. The order stated that if appellant failed to respond within ten days, appellant's brief would be due by October 25, 2013, and this court would consider only those issues or points raised in appellant's brief that did not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c).
On October 25, 2013, appellant filed a response, stating that she had requested the preparation of the reporter's record; however, appellant provided no proof that either (1) the reporter's fees have been paid or arrangements have been made to pay the reporter's fees; or (2) appellant is entitled to appeal without paying the reporter's fees. In her response, appellant also requests an extension of time to file her brief and attaches what appears to be a brief. However, the statement of facts section of the brief is not supported by record references and the argument section of the brief does not contain appropriate citations to authorities and to the record. See TEX. R. APP. P. 38.1(g), (i). It is therefore ORDERED that the brief is STRICKEN, and appellant must file a brief in compliance with Rule 38.1 of the Texas Rules of Appellate Procedure no later than thirty days from the date of this order. Because appellant failed to provide proof regarding the payment of the reporter's fees as required by our prior order, this court 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).
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of October, 2013.
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Keith E. Hottle
Clerk of Court