Opinion
No. 04-18-00121-CV
04-04-2018
John M. DONOHUE, Appellant v. LAW OFFICES OF ROSS A. RODRIGUEZ, Ross A Rodriguez Attorney at Law, William T. Reece, Attorney, Appellees
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-09123
Honorable Solomon Casseb III, Judge Presiding
ORDER
After the court reporter in this matter filed a notification of late record stating that appellant had failed to request or designate the portion or portions of the reporter's record he wishes to be filed in the appellate court for purposes of appeal, we ordered appellant, John Donohue, to advise court reporter, Kayleen Rivera, in writing on or before Monday, March 26, 2018, that he desires that she prepare a reporter's record and the portions he wants prepared and filed in this court. We further ordered appellant to file a copy of his request to the court reporter in this court on or before Monday, March 26, 2018. We noted that appellant has filed in the trial court a statement of inability to pay costs, i.e., costs for the clerk's and reporter's record. The staff attorney for the Bexar County District Courts, Dinah Gaines, has advised the clerk's office of this court that she does not intend to challenge the statement of inability filed by appellant.
In response to our order, appellant filed a "Request for Court Reporter's Record" in this court. However, he failed to provide the request to the court reporter, requiring this court to forward the request to the reporter. In his request, appellant generically requests "all hearings, including dismissal court, if any" in the trial court cause number. He did not provide the reporter with any hearing dates. In response, the court reporter filed a second notification of late record stating that in order to comply with appellant's request, she needs "the specific dates of any records he might need." Accordingly, we ORDER appellant to provide court reporter Kayleen Rivera with the specific dates of any and all hearings or trial dates that he desires to have the reporter prepare and filed in this court. We ORDER appellant to provide this information to the court reporter in writing on or before April 6, 2018. We further ORDER appellant to file in this court, on or before April 6, 2018, a copy of any document he provides to the court reporter that has the dates of any hearings or trial dates requested.
We order the clerk of this court to serve a copy of this order on the trial court, the district clerk, the court reporter, appellant, and counsel for appellee.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of April, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court