Jay Sandon Cooper v. the Bank of New York Mellon Trust Co.

• Court: Court of Appeals of Texas
• Decided: August 8, 2013
• Docket: 05-13-00658-CV
• Status: Published

Opinion

Order entered August 8, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00658-CV

JAY SANDON COOPER, Appellant

V.

THE BANK OF NEW YORK MELLON TRUST CO., Appellee

On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. 09-06869

ORDER Before the Court is appellant’s August 6, 2013 motion to reset the briefing deadlines.

Only a small portion of the reporter’s record has been filed. On May 31, 2013, appellant

requested the reporter’s record from the trial held on July 30, 2012 through August 1, 2012. As

of today’s date, the requested reporter’s record has not been filed.

Appellant filed an affidavit of indigence in the trial court on April 22, 2013. Appellant’s

affidavit of indigence was not contested. Accordingly, appellant is allowed to proceed without

advance payment of cost.

We GRANT appellant’s motion. We ORDER Deana Savage, Official Court Reporter

for the 95th Judicial District Court of Dallas County, Texas, to file the reporter’s record from the

trial WITHIN 30 DAYS OF THE DATE OF THIS ORDER. Appellant’s brief will be due thirty days after the reporter’s record is filed.

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

transmission to Deana Savage, appellant, and counsel for appellee.

/s/ ELIZABETH LANG-MIERS JUSTICE