Opinion
01-24-00183-CV
08-06-2024
Dennis Fisher and Sheryl Fisher v. Pine Village North Association
Trial court: 333rd District Court of Harris County Trial court case number: 2016-56465
ORDER
AMPARO MONIQUE GUERRA JUDGE
The record in this appeal was due to be filed on April 22, 2024. See Tex. R. App. P. 35.1(a). Neither the clerk's record nor the reporter's record were filed by that date. Accordingly, on April 24, 2024, the Clerk of this Court notified the trial court clerk that the clerk's record was past due and requested that the clerk's record be filed within thirty days of the Court's notice. In response to the notice, on June 5, 2024, the trial court clerk filed an "Information Sheet by Trial Court Clerk" notifying the Court that the clerk's record was ready but had not been filed because appellant had not made payment arrangements. See Tex. R. App. P. 35.3(a)(2).
Accordingly, on June 5, 2024, the Clerk of this Court notified appellants, Dennis Fisher and Sheryl Fisher, that the clerk's record had not been filed because appellants had failed to pay or make arrangements to pay for the preparation of the clerk's record. The Court further notified appellants that the appeal may be dismissed for want of prosecution if appellants failed to pay for the preparation of the clerk's record by July 5, 2024. See Tex. R. App. P. 37.3(b). In response to the Court's notice, on June 13, 2024, appellants filed a "Notice of Filing," representing to the Court that appellants made payment for the clerk's record. Appellants' notice also attached a receipt confirming payment for preparation of the clerk's record. Despite appellants paying for the preparation of the clerk's record, the Court's records indicate that the clerk's record has not been filed with the Court.
Accordingly, the trial court clerk is directed to file the clerk's record for this appeal within thirty days of the date of this order.
The reporter's record has also not been filed. On April 24, 2024, the Court notified the court reporter that the reporter's record was past due, requesting that the record be filed within thirty days of the date of the Court's order. In response to the Court's order, on May 23,2024, the court reporter filed an "Information Sheet by Court Reporters" notifying the Court that there is a reporter's record, but that appellants had not paid or made arrangements to pay for the preparation of the reporter's record.
On May 23, 2024, the Clerk of this Court notified appellants that unless they submitted written evidence that a reporter's record was requested, and that appellants paid or made arrangements to pay the fee for the preparation of the reporter's record by June 24,2024, the Court may require appellants to file their brief and consider the appeal without a reporter's record. See Tex. R. App. P. 37.3(c). Appellants have not responded to the Clerk's May 23, 2024 notice.
Accordingly, appellants are directed to, within thirty days of the date of this order, provide evidence that they have paid or made arrangements to pay for the preparation of the reporter's record. Failure to respond to this order may result in the Court considering and deciding the appeal on only those issues or points that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3.
It is so ORDERED.