Opinion
No. 04-18-00251-CV
05-03-2018
CHW-LATTAS CREEK, L.P. By GP Alice Lattas Creek, L.L.C., Appellants v. CITY OF ALICE, Appellee
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 17-01-56785-CV
Honorable Richard C. Terrell, Judge Presiding
ORDER
This is an accelerated appeal from an order granting a plea to the jurisdiction by a governmental unit. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2017). Appellant's notice of appeal was filed in the trial court on April 16, 2018; therefore, the appellate record was due on April 26, 2018. See TEX. R. APP. P. 26.1(b), 35.1(b). On May 2, 2018, the court reporter filed a notification of late reporter's record stating that appellant has failed to request and pay or make payment arrangements for the fee for preparing the reporter's record, and appellant is not entitled to appeal without paying the fee. The district clerk has not filed a notice of late clerk's record, but the clerk's record has not been filed.
It is therefore ORDERED that appellant provide written proof to this court within five (5) days of the date of this order that either (1) a written request designating the clerk's record and the reporter's record has been made, and (2) payment or payment arrangements for the fees for preparing the clerk's record and reporter's record have been made; or (3) appellant is entitled to appeal without paying the clerk's fee and the reporter's fee.
If appellant fails to respond within the time provided, and the clerk's record is not filed, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of May, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court