Opinion
No. 04-13-00680-CV
11-06-2013
Denise MCVEA, Appellant v. James KELLER, Appellee
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-11896
Honorable Janet P. Littlejohn, Judge Presiding
ORDER
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
The clerk's record and reporter's record were due on October 22, 2013. On October 14, 2013, the trial court sustained the contests to appellant's Affidavit of Inability to Pay Costs on Appeal. Accordingly, appellant must pay for both the clerk's record and, if designated, the reporter's record.
On October 23, 2013, this court informed appellant that if she desires a reporter's record, and has not already done so, she must (1) request in writing, no later than November 4, 2013, that a reporter's record be prepared and (2) designate in writing, no later than November 4, 2013, the exhibits and those portions of the record to be included in the reporter's record. Id. The appellant was ordered 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 November 4, 2013. We also ordered appellant to provide written proof to this court no later than November 4, 2013 that the reporter's fee has been paid or arrangements have been made to pay the reporter's fee.
On October 29, 2013, this court ordered appellant to provide written proof to this court no later than November 8, 2013 that the clerk's fee has been paid or arrangements have been made to pay the clerk's fee. Our order cautioned appellant that if she failed to file such written proof within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
On October 29, 2013, appellant filed a Motion for Extension of Time to File Amended Affidavit of Indigence. In her motion, appellant did not acknowledge the trial court's ruling or our orders. Because the trial court has already sustained contests to appellant's request for a free record on appeal, the motion is DENIED.
Appellant is ORDERED to designate the reporter's record and provide written proof to this court that the clerk's fee and reporter's fee have been paid or arrangements have been made to pay the clerk's fee and reporter's fee no later than November 11, 2013. If appellant does not comply with this order by November 11, 2013 this appeal will be dismissed for want of prosecution.
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Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of November, 2013.
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Keith E. Hottle
Clerk of Court