Opinion
No. 05-17-01100-CV
01-17-2018
TAX ONE, Appellant v. UNITED MECHANICAL, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-17-02694-D
ORDER
Before the Court is appellee's January 4, 2018 motion to dismiss the appeal for failure of appellant to file a brief. Appellant's brief is not yet due. Accordingly, we DENY appellee's motion.
The reporter's record is overdue. On December 1, 2017, the court reporter notified the Court that appellant had not requested preparation of the reporter's record. By letter dated December 4, 2017, the Court instructed appellant to provide, within ten days, written verification that it has requested preparation of the reporter's record and that it has paid or made arrangements to pay the reporter's fee or been found entitled to proceed without payment of costs. We cautioned appellant that failure to comply may result in the Court ordering the appeal be submitted without the reporter's record. As of today's date, appellant has not filed a response. Accordingly, we ORDER the appeal be submitted without the reporter's record. See TEX. R. APP. P. 37.3(c).
Appellant's brief is due February 16, 2018.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE