Opinion
No. 04-17-00688-CV
12-20-2017
Jose CORRO and Concepcion Corro, Appellants v. Andres PEREZ, Perez & Malik, PLLC and Adriana Medrano of Perez & Malik, Appellees
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 16-06-23689-CV
Honorable H. Paul Canales, Judge Presiding
ORDER
The reporter's record in this appeal was due on December 11, 2017. On November 3, 2017, Ms. Amelia Guillen, one of the court reporters in this case, filed a Notification of Late Record, stating the reporter's record has not been filed because appellant has failed to pay or make arrangements to pay the reporter's fee for preparing the record. The other court reporter, Ms. Kelly Grossman, has not filed a Notification of Late Record. On December 1, 2017, this court issued an order directing appellant to, among other things, (1) request in writing that a reporter's record be prepared by Ms. Guillen and/or Ms. Grossman, and (2) provide written proof to this court 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. Appellant responded to our order by filing a motion to proceed in forma pauperis in this court and a letter to Ms. Grossman designating the record.
After our order issued, the trial court clerk filed the clerk's record that contains a copy of an October 13, 2017 application that was filed with the trial court to proceed in forma pauperis. The clerk's record does not contain a copy of any contest to the application or an order from the trial court denying the application. Therefore, pursuant to Texas Rule of Appellate Procedure 20.1(a)(1), appellant is not required to pay costs in this court. TEX. R. APP. P. 20.1(a)(1).
The clerk's record also contains copies of declarations in support of request to proceed in forma pauperis dated June 7, 2016 and September 1, 2017.
Ms. Grossman and Ms. Guillen are hereby ORDERED to file their portion of the reporter's record in this court, without payment of fees by appellant, no later than January 18, 2018.
Appellant's motion filed in this court to proceed in forma pauperis is MOOT.
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of December, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court