Opinion
04-22-00194-CV
07-05-2022
Jerry A. GUZZETTA, Appellant v. BRIMHALL LQ, LLC d/b/a La Quinta Hotel, Appellee
From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-14775 Honorable John D. Gabriel Jr., Judge Presiding
ORDER
Patricia O. Alvarez, Justice
In our May 9, 2022 order, we noted that Appellant had filed a motion to abate, but that we had no documentary evidence of a timely motion for new trial at the time, which was required to establish this court's jurisdiction over the appeal. We ordered Appellant to show cause why this appeal should not be dismissed for want of jurisdiction, see TEX. R. APP. P. 42.3(A), AND WE SUSPENDED THE APPELLATE TIMETABLE.
On May 19, 2022, Appellant responded to this court's order with evidence of a timely filed motion for new trial. However, Appellant also raised the question of whether the order he was appealing from was a final order.
Having reviewed the clerk's record, we conclude that the show cause order is satisfied. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) ("[W]hether a judicial decree is a final judgment must be determined from its language and the record in the case.")
We reinstate the appellate timetable and order Appellant to request the reporter's record and arrange to pay the reporter's fee to Geneva Garcia within ten days of this order.
Reporter Garcia has notified this court that Appellant has neither requested the reporter's record in writing nor paid for the September 17, 2021 hearing to be transcribed. If Appellant is entitled to the reporter's record without payment of the fee, then he must file his notice of indigency.
If Appellant fails to respond within the time provided, Appellant must file a brief with this court within thirty days of this order, and the court will only "consider and decide those issues or points [raised in Appellant's brief] that do not require a reporter's record for a decision." See id. R. 37.3(c).
If Appellant timely complies with this order, the reporter's record will be due thirty days after Appellant files written proof showing compliance with this order. See id. R. 35.3(c) (limiting an extension of time to file the record in a regular appeal to thirty days).