Opinion
01-22-00317-CV
06-25-2024
Detective George Schilter and Shriners Hospitals for Children v. Cadence Bank, N.A.
Trial court: Probate Court No. 3 of Harris County Trial court case number: 442,669
ORDER
Veronica Rivas-Molloy Judge
Appellants Detective George Schilter and Shriners Hospitals for Children filed their notice of appeal on April 27, 2022. See Tex. R. App. P. 26.1. The record was due on May 27, 2022. See Tex. R. App. P. 4.1(a), 35.1. The clerk's record was filed on June 10, 2022. The reporter's record has not been filed.
On June 7, 2022, the Clerk notified Appellants that the court reporter responsible for preparing the record informed the Court that Appellants had not requested preparation of the record or made arrangements to pay for the reporter's record. The Clerk further notified Appellants that unless they provided proof of payment for preparation of the reporter's record, proof of having made payment arrangements for the reporter's record, or a response showing that they were exempt from paying for the reporter's record by July 7, 2022, the Court might consider and decide only those issues or points that do not require a reporter's record. See Tex. R. App. P. 37.3(c). Appellants did not respond.
The case was previously abated for mediation from June 23, 2022 to September 8, 2022, and December 1, 2022 to February 13, 2024. The parties did not settle.
On February 16, 2024, the Clerk again notified Appellants that the court reporter's record had not been filed and informed them that unless they provided proof of payment for preparation of the reporter's record, proof of having made payment arrangements for the reporter's record, or a response showing that they were exempt from paying for the reporter's record by March 18, 2024, the Court might consider and decide only those issues or points that do not require a reporter's record. See Tex. R. App. P. 37.3(c).
Appellants have not provided the Court with evidence showing that they have paid or made arrangements to pay the court reporter. Accordingly, the Court will consider and decide those issues or points on appeal that do not require a reporter's record for a decision. See id.
Appellants' brief is ORDERED to be filed within 30 days of the date of this order. See Tex. R. App. P. 38.6(a). Appellee's brief, if any, is ORDERED to be filed within 30 days of the filing of Appellants' brief. See Tex. R. App. P. 38.6(b).
It is so ORDERED