Evaristo Gabriel Vazquez v. Jessica Lynn Bailey

• Court: Court of Appeals of Texas
• Decided: January 31, 2023
• Docket: 03-22-00290-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00290-CV

Evaristo Gabriel Vazquez, Appellant

v.

Jessica Lynn Bailey, Appellee

FROM THE 207TH DISTRICT COURT OF HAYS COUNTY NO. 16-0582, THE HONORABLE WILLIAM R. HENRY, JUDGE PRESIDING

ORDER

PER CURIAM

Evaristo Gabriel Vazquez appealed the judgment of divorce in this cause. After

the appellate record was filed, Vazquez’s appellant’s brief was due August 8, 2022. This Court’s

clerk sent a notice of late brief on September 6, 2022, and two days later this Court granted

Vazquez a 90-day extension of the due date.

By motion filed November 7, 2022, Vazquez requested an additional extension of

time to file his brief, stating that he was no longer represented by an attorney, that he would be

filing a pro se brief, that he has a limited grasp of the English language, and that the reporter’s

record on file contained only the closing arguments summarizing hearings that occurred over

five nonconsecutive days stretching across four years. This Court’s clerk called the court

reporter, who stated that she had been asked and paid to prepare only one volume of the record.

This Court granted a 60-day extension, making the brief due January 9, 2023. On January 9, 2023, Vazquez filed a third motion for extension, requesting an

additional 120 days to obtain the record and prepare his brief. The Court’s clerk called the

reporter, who stated that she had not been paid to prepare any additional volumes of record.

Vazquez shall have until February 28, 2023, to pay or make arrangements to pay

for any additional volumes of reporter’s record that he requires. By March 3, 2023, the reporter

shall inform this Court’s clerk what additional volumes have been requested and she has agreed

to prepare, if any, and by what date those volumes will be filed with this Court. Vazquez’s brief

will be due thirty days from the date the additional volumes of reporter’s record are filed.

If Vazquez does not timely pay or make arrangements to pay for additional

volumes of reporter’s record, his brief will be due on March 30, 2023, and this appeal will be

submitted on the record on file with this Court. See Tex. R. App. P. 37.3(c).

Ordered January 31, 2023.

Before Chief Justice Byrne, Justices Triana and Theofanis