Opinion
05-23-00052-CV
05-03-2024
WALLY YAMMINE, Appellant v. KIM ELLEN LEWISKI, ET AL., Appellees
On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-21-00009-C
ORDER
KEN MOLBERG, JUSTICE.
Before the Court is appellant's motion for a thirty-day extension of time to file the appellate record. Appellant explains he has filed a request for the record with the trial court clerk but has been unable to speak with either the clerk or the reporter concerning his request.
We note appellant filed in this Court an affidavit of inability to afford costs that had also been filed in the trial court. However, the affidavit was filed in a different trial court cause, not in this cause. Accordingly, we STRIKE the January 18, 2023 affidavit without prejudice to appellant filing an affidavit in this appeal and the underlying cause. We GRANT appellant's motion TO THE EXTENT THAT we ORDER Dallas County Clerk John F. Warren and Official Court Reporter Janet E. Wright to file, no later than June 3, 2024, either (1) their respective records or (2) written verification appellant has not paid for the records and is not entitled to proceed without payment of costs under Texas Rule of Civil Procedure 145.
We caution appellant that the Court may order the appeal submitted without the reporter's record should the Court receive notice that appellant failed to pay the reporter's fee, and should the Court receive notice that appellant failed to pay the clerk's fee, the Court may dismiss the appeal without further notice. See TEX. R. App. P. 37.3(b),(c).
We DIRECT the Clerk of the Court to send a copy of this order to Mr. Warren, Ms. Wright, and the parties.