in the Interest of Z.C.M., M.R.M. and E.P.M., Children

Court of Appeals of Texas·Decided September 24, 2015·No. 05-15-00520-CV·Published

Opinion

Order entered September 24, 2015

In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00520-CV

IN THE INTEREST OF Z.C.M., M.R.M., AND E.P.M., CHILDREN

On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-13-22954

ORDER Before the Court is the September 17, 2015 motion of court reporter Shantel Beheler for

an extension of time to file the reporter’s record. In her motion, Ms. Beheler recites the

following pertinent facts:

I received payment from Appellant yesterday, September 16, 2015, for a partial record of two witnesses (direct examination only).

Mr. Harter, counsel for appellee, requested that his cross-examination of the witnesses and exhibits be submitted also. I have requested that [appellant] pay for the remaining pages to be included. According to T.R.A.P. 34.6(c), [appellant] is responsible for the cost. He has refused and has told me to just file the direct examination of the two witnesses.

On September 23, 2015, we received the reporter’s record. It contains the direct testimony of

two witnesses and four exhibits. The reporter’s record does not include the cross-examination

testimony of the two witnesses. We GRANT Ms. Beheler’s motion and ORDER the reporter’s

record tendered to this Court on September 23, 2015 filed as of that date. Because appellant has refused to pay for the portions of the record requested by appellee, we ORDER the appeal

submitted on the incomplete reporter’s record.

Appellant’s brief is due MONDAY, OCTOBER 26, 2015.

We DIRECT the Clerk of this Court to send a copy of this order by electronic

transmission to Ms. Beheler and all parties.

/s/ ELIZABETH LANG-MIERS JUSTICE

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