Opinion
Appellate case number: 01-17-00514-CV
09-28-2017
Michael Jangl v. Kory Kraft, Jennifer Kraft and Pepper Rio Tiny Home
ORDER Trial court case number: 6267 Trial court: County Court at Law No. 1 of Caldwell County
Appellant, Michael Jangl, has filed a notice of appeal of the trial court's final judgment signed on June 2, 2017. See TEX. R. APP. P. 25.1, 26.1. The appellate record was due in this Court on July 21, 2017. A clerk's record was filed on July 21, 2017. However, a reporter's record has not been filed.
On August 11, 2017, the Clerk of this Court notified appellant that the court reporter responsible for preparing the record in this appeal had informed the Court that he had not paid, or made arrangements to pay, for the reporter's record. See TEX. R. APP. P. 35.3(b). Appellant timely responded to the Clerk's notice. The response, however, did not indicate that he had made arrangements to pay for the reporter's record or was entitled to proceed without payment of costs. On September 11, 2017, the court reporter again notified the Court that appellant had "not paid or made arrangements to pay for the record and is not appealing as an indigent."
Appellant has filed a motion in which he requests that "the Judge determine a reasonable fee for the court reporter's record." If an objection is made to the amount of the court reporter's fee, the trial court judge "shall determine a reasonable fee." TEX. GOV'T CODE ANN. § 52.047 (Vernon 2013); see City of Ingleside v. Stewart, 554 S.W.2d 939 (Tex. Civ. App.—Corpus Christi 1977, writ ref'd n.r.e.) (noting trial court should determine reasonableness of court reporter's fee); see also In re Eaton, No. 2016 WL 6876502, at *2 (Tex. App.—Tyler Nov. 22, 2016, orig. proceeding) (mem. op., not designated for publication) (stating section 52.047 does not authorize person requesting reporter's record "to place limitations on the fee" and determination of reasonable fee "is to be made by the trial court"). Accordingly, we dismiss appellant's motion.
Appellant is directed to provide written evidence that he has paid, or made arrangements to pay, the fee for preparing the reporter's record, or provide proof that he is entitled to proceed without payment of costs no later than 30 days from the date of this order. See TEX. R. APP. P. 35.3(b)(3); see also TEX. R. CIV. P. 145 (providing exemption from paying court costs, including reporter's fee). Unless he timely and adequately responds, the Court may require appellant to file a brief and can consider and decide those issues or points that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3.
It is so ORDERED. Judge's signature: /s/ Terry Jennings
[v] Acting individually [ ] Acting for the Court Date: September 28, 2017