Opinion
No. 04-17-00105-CV
04-04-2017
IN THE INTEREST OF Q.D.S. AND D.D.S., CHILDREN
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-06768
Honorable Gloria Saldana, Judge Presiding
ORDER
Appellant has filed (1) a motion for extension of time to file the clerk's record and the reporter's record and (2) a motion for leave to enter a sworn record. In these motions, appellant states that he has insufficient funds to pay the fees for the preparation of the clerk's record and the last volume of the reporter's record. Appellant asks this court to grant him additional time to complete the appellate record and "leave of court to file a sworn record in this matter with the expectation that the opposing party will stipulate to the completeness of the record for the purpose of this Appeal."
Extensions of time to file the appellate record are obtained by the clerk or the court reporter responsible for filing the record. See TEX. R. APP. P. 35.3(c). Additionally, Texas Rule of Appellate Procedure 20.1 provides the procedural vehicle for establishing indigence and seeking a free record in a civil case. See TEX. R. APP. P. 20.1; see also Higgins v. Randall Cnty. Sheriff's Office, 257 S.W.3d 684, 688 (Tex. 2008) (noting that an untimely, uncontested affidavit of indigence can be "adequate to fulfill the fundamental purpose of Rule 20.1."). Under Rule 20.1, affidavits of indigence relating to fees for clerk's and reporter's records are governed by Texas Rule of Civil Procedure 145.
Therefore, appellant's motion for extension of time to file the clerk's record and the reporter's record and motion for leave to enter a sworn record are DENIED.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court