Opinion
14-21-00589-CV
11-30-2021
SYLVIA COOKE, Appellant v. RACHEL BAIER, Appellee
On Appeal from County Court at Law No 2 Galveston County, Texas Trial Court Cause No. CV-0087510
Panel Consists of Justices Jewell, Bourliot, and Poissant.
ORDER
PER CURIAM
This appeal is from a judgment signed March 30, 2021. The notice of appeal was filed October 15, 2021. It appears the notice of appeal is untimely, but we are unable to make that determination because the clerk's record has not been filed. We received notice from the clerk's office that appellant has not designated a clerk's record and the notice does not reflect appellant has made arrangements to pay for the clerk's record. Appellant has filed a motion to extend time to file the notice of appeal, which cannot be determined in the absence of any clerk's record. Accordingly, we enter the following order.
We note that Tex.R.App.P. 34.5 sets forth the items to be included in the clerk's record absent a designation.
An appeal is subject to dismissal for failure to arrange payment for the clerk's record. See Tex.R.App.P. 35.3(c), 37.3(b).
The Galveston County District Clerk is directed to file a clerk's record on or before December 3, 2021, containing (1) the court's judgment; (2) any request for findings of fact and conclusions of law, any post-judgment motion, and the court's order on the motion; and (3) the notice of appeal.