City of San Antonio v. 100 Century Oaks, Ltd.

Court of Appeals of Texas

City of San Antonio v. 100 Century Oaks, Ltd.

DecidedMarch 29, 2018

Docket04-18-00157-CV

StatusPublished

This text of City of San Antonio v. 100 Century Oaks, Ltd. (City of San Antonio v. 100 Century Oaks, Ltd.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of San Antonio v. 100 Century Oaks, Ltd., (Tex. Ct. App. 2018).

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Opinion

Fourth Court of Appeals San Antonio, Texas March 29, 2018

No. 04-18-00157-CV

CITY OF SAN ANTONIO, Appellant

v.

100 CENTURY OAKS, Ltd., Appellee

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2017CI17872 Honorable Cathleen M. Stryker, Judge Presiding

ORDER This is an accelerated appeal from the trial court’s order denying appellant’s plea to the jurisdiction. Appellant timely filed its notice of appeal on March 14, 2018. Accordingly, the reporter’s record was due ten days later on March 26, 2018. See TEX. R. APP. P. 26.1(b), 35.1(b). The record has not been filed. On March 28, 2018, the court reporter filed a notification of late record stating the record was not filed because appellant has not paid or made arrangements to pay the reporter’s fee to prepare the record and that appellant is not entitled to the record without paying the fee. See id. R. 34.6(b), 35.3(b).

We therefore ORDER appellant to provide written proof to this court on or before April 9, 2018 that either: (1) the reporter’s fee has been paid or arrangements satisfactory to the reporter have been made to pay the reporter’s fee; or (2) appellant is entitled to the record without prepayment of the reporter’s fee. See id. R. 35.3(b). If appellant fails to respond within the time provided, appellant’s brief will be due April 19, 2018, and the court will only consider those issues or points raised in appellant’s brief that do not require a reporter’s record for a decision. See id. R. 37.3(c).

We order the clerk of this court to serve a copy of this order on all counsel and the court reporter.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of March, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas March 29, 2018

No. 04-18-00157-CV

CITY OF SAN ANTONIO, Appellant

v.

100 CENTURY OAKS, Ltd., Appellee

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2017CI17872 Honorable Cathleen M. Stryker, Judge Presiding

ORDER This is an accelerated appeal from the trial court’s order denying appellant’s plea to the jurisdiction. Appellant timely filed its notice of appeal on March 14, 2018. Accordingly, the reporter’s record was due ten days later on March 26, 2018. See TEX. R. APP. P. 26.1(b), 35.1(b). The record has not been filed. On March 28, 2018, the court reporter filed a notification of late record stating the record was not filed because appellant has not paid or made arrangements to pay the reporter’s fee to prepare the record and that appellant is not entitled to the record without paying the fee. See id. R. 34.6(b), 35.3(b).

We therefore ORDER appellant to provide written proof to this court on or before April 9, 2018 that either: (1) the reporter’s fee has been paid or arrangements satisfactory to the reporter have been made to pay the reporter’s fee; or (2) appellant is entitled to the record without prepayment of the reporter’s fee. See id. R. 35.3(b). If appellant fails to respond within the time provided, appellant’s brief will be due April 19, 2018, and the court will only consider those issues or points raised in appellant’s brief that do not require a reporter’s record for a decision. See id. R. 37.3(c).

We order the clerk of this court to serve a copy of this order on all counsel and the court reporter.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of March, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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