Opinion
01-23-00583-CV
03-19-2024
Martin Mbaka v. Chioma Mbaka
387th District Court of Fort Bend County Trial court case number: 16-DCV-231877
ORDER
RICHARD HIGHTOWER, JUDGE
The reporter's record was due on November 13, 2023. On December 13, 2023, the court reporter advised that no payment arrangements had been made for the reporter's record and she attached a copy of an order signed by the trial court on December 1, 2023, determining that "the presumption that Martin Mbaka cannot pay costs, as defined by TRCP 145, has been rebutted." The order included the language advising appellant that he could challenge the order by filing a motion in the appellate court within 10 days after the order was signed. No motion challenging the trial court's order was filed. Accordingly, appellant is responsible for payment for the reporter's record.
A notice issued on December 14, 2023, stating that the Court might require appellant to file his brief without a reporter's record and consider and decide the appeal on issues not requiring a reporter's record for decision. See Tex. R. App. P. 37.3(c). Appellant filed no response to the Court's notice and no reporter's record was filed.
Because appellant has not made arrangements for the filing of the reporter's record, the Court will 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(c).
Appellant's brief must be filed no later than 30 days after the date of this order.
Appellees' brief will be due within 30 days after appellants' brief has been filed.
It is so ORDERED.