Debbie Wheeler, Individually and as the Representative of the Estate of Larry Wheeler, Kim Adams, and Kristie Stewart v. Methodist Richardson Medical Center and Methodist Health System Foundation

Opinion

Order entered October 25, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01182-CV

DEBBIE WHEELER, INDIVIDUALLY AND AS THE REPRESENTATIVE OF THE ESTATE OF LARRY WHEELER, KIM ADAMS, AND KRISTIE STEWART, Appellant

V.

METHODIST RICHARDSON MEDICAL CENTER AND METHODIST HEALTH SYSTEM FOUNDATION, Appellees

On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-01327-2016

ORDER The reporter’s record in this case is overdue. By letter dated October 17, 2018, Destiny

Moses, Official Court Reporter for the 416th Judicial District Court, informed the Court that she

would not be filing a reporter’s record in this appeal because “[n]o reporter’s record was taken

on the designated date of 9/19/2018.” The next day, we informed appellant the court reporter

notified the Court regarding the reporter’s record and directed appellant to provide the Court

with written verification showing the reporter’s record had been requested and that appellant had

paid for or made arrangements to pay for the record or had been found entitled to proceed

without payment of costs. We cautioned appellant that failure to provide the required

documentation within ten days might result in the appeal being ordered submitted without the reporter’s record. In response, appellant filed a letter on October 19, 2018 stating the court

reporter had not filed a notice with the Court that there is no reporter’s record nor had the court

reporter notified appellant regarding the cost of a reporter’s record.

We ORDER this appeal submitted without a reporter’s record. In the event appellant

believes the court reporter’s determination that a record does not exist for the date requested was

in error, appellant should file a motion in this Court requesting the appeal be abated and a

hearing held in the trial court to determine if a reporter’s record was taken and the date of such

record.

Appellant’s brief is due TWENTY DAYS from the date of this order.

/s/ CAROLYN WRIGHT CHIEF JUSTICE