Opinion
05-23-00101-CV
04-07-2023
IN THE INTEREST OF A.W. AND A.RB.W., CHILDREN
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-50032-2022.
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
The reporter's record in this case has not been filed. By letter dated March 14, 2023, we informed appellant the court reporter notified us that the reporter's record had not been filed because appellant had not (1) requested the record; or (2) paid for or made arrangements to pay for the record. We directed appellant to provide the Court with written verification showing the reporter's record had been requested and that appellant had paid for or made arrangements to pay for the record or had been found entitled to proceed without payment of costs. We cautioned appellant that failure to provide the required documentation within ten days might result in the appeal being ordered submitted without the reporter's record.
In response to our letter, appellant filed a letter asking the Court if the "case could proceed" because "I cannot afford [to pay for the reporter's record] at this time." We construe appellant's letter as a motion to extend the time to pay for the reporter's record. We grant the motion, and ORDER appellant to provide proof of payment or arrangements to pay for the reporter's record within THIRTY DAYS of the date of this order.
We caution appellant that failure to provide the requested documentation will result in an order submitting the appeal without a reporter's record. See TEX. R. APP. P. 37.3(c) (allowing, after notice and an opportunity to cure, appellate court to decide only issues that do not require a reporter's record when no reporter's record filed due to appellant's fault); Estate of Nunu, 542 S.W.3d 67, 74 (Tex. App.-Houston [14th Dist.] 2017, pet denied) (if a reporter's record is necessary to the appeal, and certain other requirements have been met, we will presume the reporter's record supports the judgment).