Opinion
No. 04-17-00579-CV
11-08-2017
Lee ROBIN, Appellant v. M & T BANK CORPORATION, et al, Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CI19825
Honorable Laura Salinas, Judge Presiding
ORDER
The clerk's record was due October 13, 2017, but was not filed. On October 13, 2017, the clerk filed a notification of late record stating the clerk's record was not filed because appellant has not paid or made arrangements to pay the clerk's fee to prepare the record and appellant is not entitled to the record without paying the fee. We therefore ordered appellant to provide written proof to this court that either (1) the clerk's fee has been paid or arrangements satisfactory to the clerk have been made to pay the clerk's fee; or (2) appellant is entitled to the clerk's record without prepayment of the clerk's fee. See TEX. R. APP. P. 20.1, 35.3(a). In response to our order, appellant filed proof of payment for the clerk's record. Accordingly, on November 3, 2017, we ordered the district clerk to file the clerk's record in this court on or before December 4, 2017.
In that same order, we noted that the reporter's record was due in this court October 13, 2017, but on October 10, 2017, the court reporter filed a notification of late record stating the record would not be filed because appellant has not paid or made arrangements to pay the reporter's fee to prepare the record and appellant is not entitled to the record without paying the fee. See TEX. R. APP. P. 34.6(b), 35.3(b). Just as with the clerk's record, we ordered appellant to provide written proof to this court that either (1) the reporter's fee has been paid or arrangements satisfactory to the reporter have been made to pay the reporter's fee, or (2) appellant is entitled to the record without prepayment of the reporter's fee. See id. R. 35.3(b). We advised appellant that if he failed to respond within the time provided, his brief would be due thirty days after the date the clerk's record is filed, and this court will only consider those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See id. R. 37.3(c). Appellant did not respond to this order, so on October 31, 2017 and November 1, 2017, the clerk's office of this court contacted counsel for appellant, leaving a message to contact the court with regard to the reporter's record. As of November 3, 2017, we had received no response, so we ordered appellant to file his brief in this court thirty days after the date the clerk's record is filed. We noted that because appellant had failed to pay or make arrangements to pay for the reporter's record — or show he is entitled to the record without prepayment of the reporter's fee — this court would consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See id.
Subsequently, on November 7, 2017, appellant filed a letter in this court in which counsel for appellant stated he had "misunderstand" our prior orders, particularly with regard to the reporter's record. Appellant provided proof of payment for the reporter's record by attaching copies of checks to court reporters Debra Jimenez and Victoria Gonzalez.
Accordingly, based on appellant's letter, we ORDER court reporter's Debra Jimenez and Victoria Gonzalez to file the reporter's records in this court on or before December 8, 2017. Appellant's brief will be due thirty days after the appellate record is complete, i.e., thirty days after the clerk's record and reporter's records are filed.
We order the clerk of this court to serve a copy of this order on all counsel, the district clerk, and the court reporters.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of November, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court