Opinion
No. 05-16-00878-CV
04-06-2017
IN THE ESTATE OF GARY WAYNE LUNA, Deceased
On Appeal from the Probate Court No. 1 Dallas County, Texas
Trial Court Cause No. PR-15-04253-1
ORDER
The clerk's record in this case is overdue. By postcard dated August 17, 2016, we notified the Dallas County Clerk that the clerk's record was past due and directed the Dallas County Clerk to file the clerk's record within thirty days. By order dated October 31, 2016, we ordered the Dallas County Clerk to file either the clerk's record or written verification that appellants have not paid for or made arrangements to pay for the record within ten days. On November 4, 2016, we notified the Dallas County Clerk's office that the document it attempted to file was not filed because it was not text-searchable and not bookmarked as required by the Texas Rules of Appellate Procedure. By order dated February 2, 2017, we again ordered the Dallas County Clerk to file the record. To date, the clerk's record has not been filed and the Dallas County Clerk's office has not communicated with the Court regarding the clerk's record in this appeal.
So that this appeal can proceed, we again ORDER the Dallas County Clerk to file, within TEN DAYS of the date of this order, either the clerk's record or written verification that appellants have not paid for or made arrangements to pay for the record. If the record or requested verification is not filed by the date specified, we will utilize available remedies to obtain the clerk's record in this case.
We notify appellants that if we receive verification they have not paid for or made arrangements to pay for the clerk's record we will, without further notice, dismiss the appeal. See TEX. R. APP. P. 37.3(b).
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the following persons:
John Warren
Dallas County Clerk
All parties
/s/ CAROLYN WRIGHT
CHIEF JUSTICE