Opinion
No. 05-18-01151-CV
03-05-2019
BRIAN PLEMONS, Appellant v. COTTAGES AT HICKORY CROSSING, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-18-04690-D
ORDER
The clerk's record in this appeal has not been filed. On December 10, 2018, Dallas County Clerk John F. Warren filed a copy of a letter sent to appellant informing appellant the clerk's record would not be filed until he paid the fee for preparation of the record. Appellant, however, filed a statement of inability to pay costs on October 2, 2018 in the county court and nothing before us reflects the county court signed an order requiring him to pay costs. Accordingly, we ORDER Mr. Warren to file the clerk's record, without payment of costs, no later than March 15, 2019. See TEX. R. CIV. P. 145(a).
We note the reporter's record has not been filed because appellant has not requested it. By letter dated December 27, 2018, we cautioned appellant that the appeal would be submitted without the reporter's record unless he notified the Court, within ten days, that he had requested the record. See TEX. R. APP. P. 37.3(c). To date, appellant has not responded. Accordingly, we ORDER the appeal submitted without the reporter's record. See id. We further ORDER appellant to file his brief within thirty days of the filing of the clerk's record.
We DIRECT the Clerk of the Court to send a copy of this order to Mr. Warren and the parties.
/s/ KEN MOLBERG
JUSTICE