Opinion
No. 04-16-00012-CV
01-25-2016
John CALHOON, M.D., Appellant v. Lindsey WILKERSON, individually and as next friend of Lila Murphy, a minor, Appellee
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-12113
Honorable Gloria Saldana, Judge Presiding
ORDER
This is an accelerated appeal. Appellant has filed a motion for extension of time to file his brief, explaining that the reporter's record has not yet been filed. The court reporter has filed a notification of late reporter's record, stating that the reporter's record was not requested until January 6, 2016, and that the reporter's fee had not been paid.
Because the reporter's record has not yet been filed, appellant's brief is not due. Therefore, we deny appellant's motion for extension of time to file his brief as moot.
With respect to the court reporter's notification of late record, we ORDER appellant to provide written proof to this court within ten days of the date of this order that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. If appellant fails to respond within the time provided, appellant's brief will be due within twenty days from the date of this order, and the court will only consider 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).
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court