Opinion
No. 05-20-01118-CV
03-31-2021
BRIGETTA D'OLIVIO, Appellant v. HILARY THOMPSON HUTSON, Appellee
On Appeal from the County Court at Law No. 2 Collin County, Texas
Trial Court Cause No. 002-02704-2020
ORDER
According to the trial court's website, the judgment on appeal was signed on December 31, 2020. Thus, the clerk's record was originally due on March 1, 2021. See TEX. R. APP. P. 35.1. The Deputy Clerk of the trial court filed a premature extension request on February 12, 2021 and a second request on March 15, 2021. The reason for both requests was non-payment of the clerk's fee. We granted both requests. In our March 16, 2021 order, we extended the time to March 30th and cautioned appellant that if we received further notification of nonpayment, we may dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b).
Appellant filed a premature notice of appeal on December 28, 2020 stating that she was appealing the trial court's oral ruling of December 18, 2020.
Before the Court is appellant's March 29, 2021 "Emergency Motion to Extend Time to File Clerk's Record" and appellee's response opposing the motion. In her motion, appellant asserts she is being overcharged for the clerk's record and explains the extension is necessary to allow her to resolve the issue with the Deputy Clerk. Although appellant's motion is not a model of clarity, it is apparent that her fee dispute has been ongoing as she disputes the accuracy of each request for payment from the Deputy Clerk beginning with the first one dated December 30, 2020. Additionally, appellant states that she has paid $550 "for Certified Court Records." This payment appears to be unrelated to the clerk's fee for preparation of the clerk's record to be filed with this Court. Appellant does not indicate that her fee dispute with the Deputy Clerk will be resolved in the near future if at all.
On March 30, 2021, the Deputy Clerk again notified the Court that "no payment for the record has been received." --------
In light of these circumstances, we GRANT the motion to the extent that we ORDER the Collin County Clerk to file, by April 9, 2021, either (1) the clerk's record or (2) written verification that appellant has not paid the clerk's fee for preparation of the clerk's record. We caution appellant that if the Court receives written verification of nonpayment, we will dismiss the appeal for want of prosecution without further notice. See TEX. R. APP. P. 37.3(b).
We DIRECT the Clerk of this Court to send a copy of this order to Collin County Clerk Stacey Kemp and all parties.
/s/ BONNIE LEE GOLDSTEIN
JUSTICE