Opinion
Appellate case number: 01-17-00505-CV
10-05-2017
ORDER Trial court case number: 2016-26744 Trial court: 129th District Court of Harris County
The record was due on August 8, 2017. The clerk's record was filed but no reporter's record was filed. The court reporter filed a notice that she had not received payment. This court issued a letter advising appellants that our records indicated they were not entitled to proceed without payment of costs and that the deadline to submit written proof from the court reporter of payment for the reporter's record was 5:00 p.m., August 23, 2017. No response was filed.
Accordingly, 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) (stating that, if clerk's record has been filed, appellate court may consider and decide those issues or points that do not require a reporter's record).
A motion to substitute counsel and a motion for extension of time to file appellant's brief, were filed on October 2, 2017. The motion to substitute was not accompanied by a motion to withdraw as contemplated by Rule 6.5(d). Accordingly, Appellant's brief is due 60 days after the date of this order, which shall be considered the court's first extension of additional time to file the brief. If appellant's counsel of record intends to withdraw, a motion to that effect should be filed. See TEX. R. APP. P. 6.5.
It is so ORDERED. Judge's signature: /s/ Michael Massengale
[v] Acting individually [ ] Acting for the Court Date: October 5, 2017