Opinion
05-22-00632-CV
08-26-2022
TERESA WARD COOPER, Appellant v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, ET AL., Appellees
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-00556-2021
ORDER
CRAIG SMITH, JUSTICE
By order dated August 4, 2022, we ordered appellant to provide, by August 24, written verification that she has paid or made arrangements to pay the fees for the clerk's and reporter's records or written documentation that she is entitled to proceed without payment of costs. Rather than comply, appellant has filed a motion to abate the appeal. Appellant states that the clerk and reporter have failed to file their respective records even though she "has paid as much of the fees, costs, 1 charges, and expenses for those records as she is required to pay." Because nothing before this Court indicates that appellant is entitled to proceed without full payment of the costs for the clerk's and reporter's records, we DENY appellant's motion.
On the Court's own motion, we ORDER appellant to provide, ON OR BEFORE SEPTEMBER 7, 2022, either written verification that she has paid or made arrangements to pay the fees for the clerk's and reporter's records or written documentation that she is entitled to proceed without payment of costs. Should appellant fail to provide the requested written verification or documentation related to the clerk's record, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). Should appellant provide the requested written verification or documentation related to the clerk's record but not to the reporter's record, we will order the appeal be submitted without the reporter's record. See id. 37.3(c).
We DIRECT the Clerk of this Court to send a copy of this order to Lynne Finley, Collin County District Clerk; Court Reporter Robyn Rodriguez; and, all parties. 2