Opinion
Appellate case number: 01-16-01004-CV
04-18-2017
Robert L. Smith v. Grace Karanja
ORDER Trial court case number: 2015-14418 Trial court: 245th District Court of Harris County
The Court's February 23, 2017 Order on Motion, among other things, granted the request of the pro se appellant, Robert L. Smith, for a 30-day extension of time to file evidence of requesting and payment, or arrangements to pay, for the clerk's and reporter's records. On March 15, 2017, the clerk's record was filed in this Court.
Although appellant's docketing statement, filed in this Court on January 11, 2017, indicated that he had made payment arrangements for the reporter's record, the court reporter, Rachel Dutton, filed an info sheet in this Court on March 21, 2017, stating that appellant had requested that record, but had not yet made arrangements to pay for it. To date, no reporter's record has been filed in this Court.
On April 11, 2017, the Clerk of this Court received, but did not file, appellant's pro se appellant's brief. Appellant prematurely attempted to file his brief and it is non-compliant because, although it referred to five exhibits in an appendix, it neither attached that appendix nor made any references to the clerk's record, as required. See TEX. R. APP. P. 38.1(i), (k). Accordingly, the Court sua sponte STRIKES appellant's brief as premature and non-compliant without prejudice to refiling. See id. 38.6(a), 38.9(a).
Furthermore, appellant is ORDERED to file with the Clerk of this Court, within 10 days of this order, proof of payment arrangements for the reporter's record or a letter indicating he no longer wants that record. If appellant fails to timely comply or no longer wants a reporter's record, the Clerk of this Court will set the briefing schedule for an amended brief that complies with the briefing rules, and this Court will consider and decide only those issues or points that do not require a reporter's record. See TEX. R. APP. P. 37.3(c)(2), 38.1(i), (k).
It is so ORDERED.
Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court
Date: April 18, 2017