Opinion
No. 10-04-00186-CV
Order issued and filed September 8, 2004.
Appeal from the 19th District Court, McLennan County, Texas, Trial Court # 2001-3505-1.
S. Vance Wittie, Sedgwick, Detert, Moran Arnold, L.L.P., Waco, TX, for appellant/relator.
Vance Dunnam, Dunnam Dunnam, L.L.P., Waco, TX, and William D. Underwood, Attorney at law, Waco, TX, for appellee/respondent.
Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.
ORDER
The Court has received a "Request for Extension of Time to Prepare and File Reporter's Record." The court reporter desires an extension of 120 days from August 30, 2004. The request does not indicate it was served on the parties or that the trial court received a copy of it.
The Rules of Appellate Procedure make no provision for an extension of time to file a record. It is the responsibility of the trial court and the appellate court to ensure that the record is timely filed. Tex.R.App.P. 35.3(c). The reporter has 5 days in which to serve the parties with a copy of the request and provide a copy to the trial court.
The parties have 21 days after the date of this order in which to file any response to the reporter's request.
The reporter's request will thereafter be ruled on, after consultation with the trial court.