Opinion
04-21-00559-CV
02-23-2022
Alize Imari SMITH, Appellant v. John Kenneth WILSON IV, Appellee
From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2020EM502226; Honorable Nick Catoe Jr., Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice
The reporter's record in this case was due on January 10, 2022. On January 4, 2022, court reporter Denise Garza filed a notification of late record, notifying this court that "appellant has not requested, from the court, that the audio recording be forwarded to a court reporting entity, so that it may be transcribed and paid." The Texas Rules of Appellate Procedure do not require an appellant to make such a request. Instead, an appellant is required to "request in writing that the official reporter prepare the reporter's record," and "the request must designate the exhibits to be included." Tex.R.App.P. 34.6(b)(1).
It is therefore ORDERED that appellant provide proof to this court within ten (10) days of the date of this order that appellant has requested the reporter to prepare the reporter's record, which request must designate the portions of the proceedings and the exhibits to be included. See id.
The reporter's record must be filed no later than thirty (30) days after the date appellant's written proofs are filed with this court. If appellant fails to respond within the time provided, the court will consider only 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).
On January 5, 2022, the trial court judge filed a trial court recording. The record did not contain the logs as required by Texas Rule of Appellate Procedure 13.2. See Tex. R. App. P. 13.2(b) (requiring court recorder to "make a detailed, legible log of all proceedings being recorded"). We ORDER the court coordinator to file a response on the status of the logs within ten (10) days of the date of this order.