Opinion
No. 04-15-00607-CV
01-20-2016
Robert SHEPPARD and Debra McKenna, Appellants v. Mary BURNEY, Appellee
From the County Court at Law, Kerr County, Texas
Trial Court No. 15552C
Honorable Susan Harris, Judge Presiding
ORDER
On November 16, 2015, the court reporter notified this Court that the record was due on November 23, 2015; however, appellant had failed to pay or make arrangements to pay the reporter's fee for preparing the record. The court reporter also states appellant is not entitled to appeal without paying the fee.
On November 20, 2015, this Court ordered appellant to provide proof on or before November 30, 2015 that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. Appellant was cautioned that failure to respond within the time provided would result in Appellant's brief being set to be due within thirty (30) days, and the 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 TEX. R. APP. P. 37.3(c).
Appellant failed to respond, and on December 1, 2015, the court reporter notified this court appellant had failed to pay or make arrangements to pay the reporter's fee for preparing the record. Accordingly, on December 9, 2015, this Court ordered Appellant's brief due on or before January 4, 2016. Appellant was cautioned that 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 TEX. R. APP. P. 37.3(c).
Appellant failed to file a brief by January 4, 2016. It is therefore ORDERED Appellant show cause in writing within fifteen days from the date of this order why this appeal should not be dismissed for want of prosecution. TEX. R. APP. P. 38.8(a). All appellate deadlines are suspended pending the filing of Appellant's brief.
/s/_________
Jason Pulliam, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court