Opinion
No. 05-16-00843-CV
11-21-2016
IN THE INTEREST OF B.A.R. AND J.A.R., MINOR CHILDREN
On Appeal from the 382nd Judicial District Court Rockwall County, Texas
Trial Court Cause No. 1-15-700
ORDER
Both the clerk's record and the reporter's record in this case are overdue. By letter dated August 24, 2016, we informed appellant the clerk's record had not been filed because appellant had not paid for or made arrangements to pay for the clerk's record. We directed appellant to provide verification of payment or arrangements to pay for the clerk's record or written documentation that appellant had been found to be entitled to proceed without payment of costs. We cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice.
By letter dated August 23, 2016, we informed appellant the court reporter had 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 that the 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.
Thereafter, appellant filed an affidavit of indigency. The affidavit was contested and after a hearing, the trial court sustained the contest. Consequently, by order dated October 19, 2016, we ordered appellant to provide proof of payment for the clerk's record within ten days and again cautioned appellant that failure to do so would result in the dismissal of this appeal without further notice. By letters dated October 27, 2016 and October 31, 2016, appellant informed the Court that he had made arrangements to pay for both the clerk's and the reporter's records.
Accordingly, this Court ORDERS the Rockwall County District Clerk to file, within TWENTY DAYS of the date of this order, either the clerk's record or written verification that appellant has not made arrangements to pay for the clerk's record. We notify appellant that if we receive verification he has 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 ORDER Linda A. Kaiser, Official Court Reporter for the 382 Judicial District Court, to file, within TWENTY DAYS of the date of this order, either: (1) the reporter's record; (2) written verification that no hearings were recorded; or (3) written verification that appellant has not paid for or made arrangements to pay for the reporter's record. We notify appellant that if we receive verification no hearings were recorded or that he has not paid for or made arrangements to pay for the reporter's record, we will order the appeal submitted without the reporter's record. See TEX. R. APP. P. 37.3(c)
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the following persons:
Rockwall County District Clerk
Linda A. Kaiser
Official Court Reporter, 382 Judicial District Court
All parties
/s/ CAROLYN WRIGHT
CHIEF JUSTICE