Opinion
01-22-00721-CV
11-15-2022
Walgreen, Co., Walgreen Boots Alliance, Inc. and Walgreens Boots Alliance Holdings, LLC v. Beth Hauser Boyer and John Hauser, Individually and as Representative of the Estate of Alexander Hauser, Deceased
133rd District Court of Harris County Trial court number: 2016-55915
ORDER
SHERRY RADACK, JUDGE
Appellants filed notice of appeal on October 5, 2022. See Tex. R. App. P. 26.1. The record was due on October 28, 2022. See Tex. R. App. P. 4.1(a), 35.1. The clerk's record was filed on October 19, 2022. The reporter's record has not been filed.
On October 20, 2022, the Clerk notified appellants that the court reporter responsible for preparing the record in this appeal had informed the Court that appellants had not requested preparation of the record or had not 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 October 31, 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 responded that they did not request the reporter's record and that the appeal may proceed on the clerk's record only. Accordingly, the Court will consider and decide those issues or points that do not require a reporter's record for a decision. See id.
Appellants' brief is ORDERED to be filed within 20 days of the date of this order. See Tex. R. App. P. 38.6(a). Appellees' brief, if any, is ORDERED to be filed within 20 days of the filing of appellant's brief. See Tex. R. App. P. 38.6(b).
Appellant's motion for extension to file a brief dated November 7, 2022, is denied as moot.
It is so ORDERED.