Opinion
No. 05-17-00482-CV
05-19-2017
FEYSAL AYATI-GHAFFARI, Appellant v. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, ET AL., Appellees
On Appeal from the 417th Judicial District Court Collin County, Texas
Trial Court Cause No. 417-03108-2013
ORDER
Before the Court are the following motions filed by appellant on May 8, 2017: (1) motion for an extension of time to file a notice of appeal; (2) motion for free appellate record; and (3) motion for evidentiary hearing without argument. On March 23, 2017, appellant filed in the trial court a statement of inability to afford payment of court costs or appeal bond. On May 15, 2017, the court reporter filed a contest to appellant's affidavit. The contest is set for a hearing on May 23, 2017. Accordingly, we DENY as premature appellant's motion for a free appellate record.
So that this Court can determine its jurisdiction over this appeal, we ORDER Lynne Finley, Collin County District Clerk, to file, by May 30, 2017, a supplemental clerk's record containing: (1) the trial court's February 28, 2017 judgment or order and any judgment or final order signed on any other date; (2) any motion for new trial, motion to modify the judgment, or motion to reinstate under Texas Rule of Civil Procedure 165a; (3) any request for findings of fact or conclusions of law; (4) the notice of appeal, and (5) a signed order from the hearing on the contest scheduled for May 23, 2017. If any of the above-requested documents cannot be located, Ms. Finley shall file written verification of that fact. Appellant's motion for an extension of time to file a notice of appeal remains pending before the Court.
We DENY appellant's motion for evidentiary hearing without argument without prejudice to appellant raising his complaints in a brief on the merits at the appropriate time assuming the Court determines it has jurisdiction over this appeal.
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Finley and all parties.
/s/ ELIZABETH LANG-MIERS
JUSTICE