Opinion
No. 05-17-00893-CV
10-31-2017
MY THREE SONS, LTD., MY THREE SONS MANAGEMENT, LLC, PRESTONWOOD OB/GYN ASSOCIATES, P.A., CHRISTOPHER RIEGEL, MD, P.A., AND CHRISTOPHER RIEGEL, Appellants v. MANHATTAN CONSTRUCTION COMPANY, Appellee
On Appeal from the 380th Judicial District Court Collin County, Texas
Trial Court Cause No. 380-00626-2017
ORDER
The reporter's record in this appeal has not been filed because a portion of the fee has not been paid. The fee that has been paid is for the partial record appellants requested. See TEX. R. APP. P. 34.6(c). The unpaid portion relates to the additional designation by appellee. See id.
By letter filed October 17, 2017, appellants assert appellee should pay the fee for the additional record "[b]ecause it is not clear" why the additional record is required. Appellee argues appellants should bear the expense in accordance with appellate rule 34.6(c)(3). See id.
When an appellant requests a partial reporter's record, rule of appellate procedure 34.6(c)(3) mandates appellant pay the fee for transcription of any additions requested by another party. See id. However, upon a finding that "all or part of the designated additions are unnecessary to the appeal, the trial court may order the other party to pay." Id.
We note that when an appellant requests a partial reporter's record, the appellant must include in the request a statement of issues to be presented on appeal. See id. 34.6(c)(1). This gives an appellee notice of the issues to be appealed so that it may designate any additional portions of the record it may need to defend the appeal. See Aldous v. Bruss, 440 S.W.3d 90, 92 (Tex. App.—Houston [14th Dist.] 2012, order) (per curiam).
Nothing in the record before us shows appellants included in their request for the reporter's record a statement of issues to be presented on appeal. Accordingly, we DENY their request to require appellee to pay the fee for the additional record. This denial is without prejudice to requesting reconsideration upon completion of briefing and does not preclude the Court from taxing costs at the time of judgment against appellee for good cause. See id. 34.6(c)(3), 43.4.
We ORDER appellants to file, no later than November 10, 2017, written verification they have paid or made arrangements to pay the additional reporter's fee. We further ORDER court reporter Robyn M. Rodriguez to file the reporter's record no later than November 20, 2017.
We DIRECT the Clerk of the Court to send a copy of this order to Ms. Rodriguez and the parties.
/s/ CRAIG STODDART
JUSTICE