in Re Estate of John William Mueller

Court of Appeals of Texas

in Re Estate of John William Mueller

DecidedMarch 20, 2019

Docket04-19-00069-CV

StatusPublished

This text of in Re Estate of John William Mueller (in Re Estate of John William Mueller) 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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Opinion

Fourth Court of Appeals San Antonio, Texas March 20, 2019

No. 04-19-00069-CV

IN RE ESTATE OF JOHN WILLIAM MUELLER, DECEASED,

From the County Court, Atascosa County, Texas Trial Court No. 7702 Honorable Susan D. Reed, Judge Presiding

O R D E R

The trial court’s judgment was signed on December 10, 2018 and appellant timely filed a notice of appeal. The clerk’s record and reporter’s record were due to be filed in this court on February 8, 2019. See TEX. R. APP. P. 35.1. The clerk’s record was timely filed, but the reporter’s record was not. On February 19, 2019, the clerk of this court issued a letter notifying the court reporter that the reporter’s record was late. See TEX. R. APP. P. 37.3(a)(1). The court reporter responded by filing a notification of late record stating that appellant has failed to request the reporter’s record and pay, or make arrangements to pay, the fee for preparing the reporter’s record and that appellant is not entitled to appeal without paying the fee. See TEX. R. APP. P. 35.3(b).

Accordingly, it is ORDERED that appellant provide written proof to this court within ten (10) days of the date of this order that either (1) a written request has been made for preparation of the reporter’s record pursuant to TEX. R. APP. P. 34.6(b)(1) and the court reporter’s fee has been paid or arrangements have been made to pay the fee; or (2) appellant is entitled to appeal without paying the court reporter’s fee.

If appellant fails to respond within the time provided, appellant’s brief will be due within thirty (30) days from the date of this order, 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 TEX. R. APP. P. 37.3(c).

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of March, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas March 20, 2019

No. 04-19-00069-CV

IN RE ESTATE OF JOHN WILLIAM MUELLER, DECEASED,

From the County Court, Atascosa County, Texas Trial Court No. 7702 Honorable Susan D. Reed, Judge Presiding

O R D E R

The trial court’s judgment was signed on December 10, 2018 and appellant timely filed a notice of appeal. The clerk’s record and reporter’s record were due to be filed in this court on February 8, 2019. See TEX. R. APP. P. 35.1. The clerk’s record was timely filed, but the reporter’s record was not. On February 19, 2019, the clerk of this court issued a letter notifying the court reporter that the reporter’s record was late. See TEX. R. APP. P. 37.3(a)(1). The court reporter responded by filing a notification of late record stating that appellant has failed to request the reporter’s record and pay, or make arrangements to pay, the fee for preparing the reporter’s record and that appellant is not entitled to appeal without paying the fee. See TEX. R. APP. P. 35.3(b).

Accordingly, it is ORDERED that appellant provide written proof to this court within ten (10) days of the date of this order that either (1) a written request has been made for preparation of the reporter’s record pursuant to TEX. R. APP. P. 34.6(b)(1) and the court reporter’s fee has been paid or arrangements have been made to pay the fee; or (2) appellant is entitled to appeal without paying the court reporter’s fee.

If appellant fails to respond within the time provided, appellant’s brief will be due within thirty (30) days from the date of this order, 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 TEX. R. APP. P. 37.3(c).

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of March, 2019.

___________________________________ KEITH E. HOTTLE, Clerk of Court

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