Opinion
No. 04-16-00789-CV
04-25-2017
Robert TYSON, Carl and Kathy Taylor, Linda and Ron Tetrick, and Ruthie Nilson, Appellants v. Robert N. FREEMAN, as Principal of Medina Livestock Sales Company, Ltd. and Las Aves, a Texas General Partnership; Corcat Enterprises, LC; Mary Freeman; and Listo Development, Ltd., Appellees
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CV-13-0000356
Honorable M. Rex Emerson, Judge Presiding
ORDER
This is an appeal from the trial court's order granting summary judgment. On March 20, 2017, the court reporter filed a notification of late record, stating that the appellants had failed to pay or make arrangements to pay the fee for preparing the reporter's record. On March 23, 2017, we ordered appellants to provide written proof that they had either paid or made arrangements to pay the reporter's fee. On March 31, 2017, appellants' counsel filed a letter indicating she had mailed the reporter's fee to the court reporter. On April 3, 2017, the court reporter filed a letter stating that she had not received payment for the reporter's record. On April 13, 2017, appellants' counsel filed a second letter indicating that she had again mailed the reporter's fee to the court reporter.
On April 24, 2017, appellants' counsel advised the clerk that the second letter and reporter's fee were returned to her by the post office as not deliverable as addressed. On the same day, appellants' counsel filed a copy of the envelope used to mail the second letter, which shows that the envelope was properly addressed and was returned as not deliverable as addressed. In addition, appellants' counsel filed a letter asking this court to order the court reporter to provide an explanation regarding her address. Appellants' counsel further stated that she would like to leave the reporter's fee in the district clerk's office for the court reporter to pick up.
As is apparent from the aforementioned history, appellants' counsel and the court reporter have been unable to communicate effectively to ensure the delivery and receipt of the reporter's fee. Although we are not precluding the filing of the reporter's record, the onus is on appellants' counsel and the court reporter to communicate to determine how the reporter's fee will be delivered to and received by the court reporter. We note that a reporter's record of a summary judgment hearing is not necessary to a summary judgment appeal. Rodriguez v. H.E. Butt Grocery Co., No. 04-96-00138-CV, 1997 WL 106570, at *1 n.2 (Tex. App.—San Antonio 1997, no writ); Rios v. Northwestern Steel and Wire Co., 974 S.W.2d 932, 936 (Tex. App.—Houston [14th Dist.] 1998, no pet.); see also Schneider Nat'l Carriers, Inc. v. Bates, 147 S.W.3d 264, 291 n.141 (Tex. 2004). We, therefore, turn our attention to expediting the consideration of this appeal.
In light of the fact that the reporter's record is not necessary to this appeal, we ORDER appellants to file their brief no later than May 26, 2017.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court