Opinion
No. 04-17-00207-CV
06-20-2017
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2016-CI-14181
Honorable Michael E. Mery, Judge Presiding
ORDER
The reporter's record in this case was due May 4, 2017 — two reporters were involved in taking the record in this matter. When reporter Amy Hinds failed to file her portion of the record, this court sent a notice pursuant to Rule 37.3 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 37.3. In response, Ms. Hinds filed a notification of late record asking for an extension of forty-seven days in which to file the record. Ms. Hinds explained she had not received notice that an appeal had been filed. After review, we granted the request for an extension in part and denied it in part. We granted the request for an extension to file the record, but only for thirty days from the original due date. See TEX. R. APP. P. 35.3(c) (stating each extension of time to file record must not exceed thirty days in ordinary or restricted appeal). Accordingly, we ordered court reporter Amy Hinds to file the record in this court on or before June 5, 2017.
On June 2, 2017, Ms. Hinds filed a second notification of late record. This time, Ms. Hinds stated the record would not be filed on June 5, 2017, because appellant has not paid or made arrangements to pay the reporter's fee to prepare the record and that appellant is not entitled to the record without paying the fee. See id. R. 34.6(b), 35.3(b). We therefore ordered appellant to provide written proof to this court that either (1) the reporter's fee has been paid to Ms. Hinds or arrangements satisfactory to her have been made to pay the reporter's fee, or (2) appellant is entitled to the record without prepayment of the reporter's fee. See id. R. 35.3(b). On June 19, 2017, appellant filed a document in this court in which he states he provided payment to Ms. Hinds by check drawn from his counsel's account.
According, we ORDER court reporter Amy Hinds to file her portion of the reporter's record in this court on or before July 20, 2017. As the clerk's record and other portions of the reporter's record have previously been filed in this court, appellant's brief will be due thirty days after the date Ms. Hinds files her portion of the reporter's record.
We order the clerk of this court to serve a copy of this order on all counsel and court reporter Amy Hinds.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk