Opinion
No. 05-16-00215-CV
06-28-2016
SULMA GONZALES, Appellant v. THE DALLAS COUNTY APPRAISAL DISTRICT AND THE APPRAISAL REVIEW BOARD OF DALLAS COUNTY APPRAISAL DISTRICT AND LYONS EQUITIES, INC., Appellee
On Appeal from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-13-09665
ORDER
Before the Court is appellant's June 24, 2016 "motion for compelling the court reporter to prepare the transcripts for the appeal and for extension of time file brief of appellant." Our records show that by letter dated March 20, 2016 the court reporter notified the Court that the reporter's record in this case had not been requested by any party. By letter dated March 21, 2016, we informed appellant the reporter's record was overdue, and that the court reporter had informed the Court that the reporter's record had not been filed because either the record had not been requested or because appellant had not paid for or made arrangements to pay for the record. We directed appellant to provide the Court with written verification that (1) the record had been requested, and (2) appellant had paid for or made arrangements to pay for the record, or that appellant had been found entitled to proceed without payment of costs. We expressly cautioned appellant that failure to provide the required documentation might result in the appeal being ordered submitted without the reporter's record. Appellant did not respond to the letter, and by order dated April 19, 2016, the Court ordered the appeal submitted without the reporter's record and appellant's brief filed on or before May 29, 2016.
Our records show an affidavit of indigence was filed in the trial court on March 2, 2016. Our records do not indicate that affidavit was challenged. --------
By postcard dated May 25, 2016, the Court granted appellant a thirty-day extension to file appellant's brief. On June 24, 2016, appellant filed the motion currently pending before the Court. In that motion, appellant contends she has requested the reporter's records from hearings held on October 13, 2013 and October 30, 2013 but the court reporter "claims she is unable" to provide those records.
Accordingly, we ORDER court reporter Sheretta Martin to file either (1) the reporter's records from October 13, 2016 and October 30, 2013; (2) or written verification that no hearings were recorded on those dates within TEN DAYS of the date of this letter.
We GRANT appellant's second motion to extend time to file appellant's brief. Appellant's brief shall be filed within FORTY-FIVE DAYS of the date of this order.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE