Opinion
05-23-00960-CV
01-30-2024
IN THE ESTATE OF VICTOR GLEN ROSBOROUGH, DECEASED
On Appeal from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-20-02482-2
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE.
The clerk's record in this case is overdue. By letter dated November 29, 2023, we notified the Dallas County Clerk that the clerk's record had not been filed. We directed the County Clerk to file the clerk's record within thirty days. Thereafter, we received notice from the county clerk's office that the clerk's record had not been filed because appellant had not provided the county clerk with a list of requested items for the clerk's record. On December 14, 2023 appellant informed the Court that she had requested the clerk's record. To date, the clerk's record has not been filed.
We note that Texas Rule of Appellate Procedure 34.5 does not require an appellant to designate filings for the clerk's record. See Tex. R. App. P. 34.5(a).
So that this appeal can proceed, we 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 appellant has not paid for or made arrangements to pay for the clerk's record and she is not entitled to proceed without payment of costs. We notify appellant that if we receive verification she has not paid for or made arrangements to pay for the record and she is not entitled to proceed without payment of costs, 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 to the following:
John Warren, Dallas County Clerk
All Parties