Opinion
No. 04-17-00316-CV
08-25-2017
LAREDO JET CENTER, LLC, Appellant v. CITY OF LAREDO, Appellee
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2016CVF003042D3
Honorable Rebecca Ramirez Palomo, Judge Presiding
ORDER
On July 10, 2017, the court reporter filed a Notification of Late Record stating the reporter's record was not filed because appellant had not requested a reporter's record, appellant had failed to pay or make arrangements to pay the reporter's fee for preparing the record, and appellant had not provided proof of indigence if unable to pay for the record. Accordingly, on July 13, 2017, this court issued an order stating that, if appellant desired a reporter's record, it was required to (1) request in writing, no later than July 24, 2017, that a reporter's record be prepared and (2) designate in writing, no later than July 24, 2017, the exhibits and those portions of the record to be included in the reporter's record. TEX. R. APP. P. 34.6(b)(1). We also ordered appellant to file a copy of the request with both the trial court clerk, id. at 34.6(b)(2), and this court no later than July 24, 2017. Finally, we ordered appellant to provide written proof to this court no later than July 24, 2017 that either (1) the reporter's fee had been paid or arrangements had been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. Our order cautioned appellant that if it failed to respond within the time provided, appellant's brief would be due within thirty (30) days from the date of this order, and the court would only consider those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c).
Appellant did not respond to our July 13, 2017 order, nor has appellant filed a brief or a motion for an extension of time in which to file its brief. We, therefore, ORDER appellant to file, no later than September 7 , 2017 , its appellant's brief and a written response reasonably explaining (1) its failure to timely file the brief and (2) why appellee is not significantly injured by appellant's failure to timely file a brief. See TEX. R. APP. P. 38.8(a)(1). If appellant fails to file a brief and the written response by September 7, 2017, we will dismiss this appeal for want of prosecution. See id.; see also TEX. R. APP. P. 42.3(b),(c).
/s/_________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of August, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk