Opinion
04-23-00917-CV
02-22-2024
From the 451st Judicial District Court, Kendall County, Texas Trial Court No. 22-380 Honorable Kirsten Cohoon, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice.
On December 6, 2023, the trial court reporter Shirley Sueltenfuss filed a notification of late record, notifying this court that the reporter's record was not filed when it was originally due because appellant has not provided the reporter a designation of record and because appellant has failed to pay or make arrangements to pay the reporter's fee for preparing the record.
On January 29, 2024, appellant filed a Statement of Inability to Afford Payment of Court Costs. We ordered that any party, the trial court clerk, or any trial court reporter who wishes to file an objection to appellant's statement must do so, if at all, on or before February 16, 2024. No objection was timely filed.
It is therefore ORDERED that appellant must provide written proof to this court within ten days of the date of this order that he has requested the court reporter to prepare the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included. See Tex. R. App. P. 34.6(b)(1). It is further ORDERED that Sueltenfuss must file the reporter's record no later than thirty days after the date appellant's written proof is filed with this court. If appellant fails to respond within the time provided, appellant's brief will be due within thirty days of the date of this order, and the 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).