Opinion
04-24-00640-CV
10-23-2024
Hien Minh CAO, Appellant v. Nhi Ngoc LE, Appellee
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI21924 Honorable Nadine Melissa Nieto, Judge Presiding
ORDER
Lori Massey Brissette, Justice
Appellant's notice of appeal was filed late without a motion for extension of time to file the notice. See Tex. R. App. P. 26.1, 26.3. On October 16, 2024, we ordered Appellant to file a written response presenting a reasonable explanation for the late notice of appeal. See Tex. R. App. P. 26.3, 10.5(b)(1)(C); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).
On October 18, 2024, Appellant filed a written response explaining the late notice of appeal; our October 16, 2024 order is satisfied. See Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex. 1989) (noting a "reasonable explanation" comprises all but "deliberate or intentional noncompliance"). Appellant's notice of appeal is accepted as timely.
However, the reporter's record was due on October 8, 2024. See Tex. R. App. P. 35.1. On September 30, 2024, Court Reporter Anjolie Hernandez advised this court that Appellant has not yet paid for the record or shown that he is entitled to a free record. See Tex. R. App. P. 35.3(b)(3).
We order Appellant to provide written proof to this court within TEN DAYS of the date of this order that he has requested the reporter's record and (1) made arrangements to pay the reporter's fee, or (2) is entitled to appeal without paying the reporter's fee.
If Appellant fails to respond within the time provided, Appellant's brief will be due on November 21, 2024, 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).