John R. Hall, D.O. and South Texas Spinal Clinic, PA v. Julian Vasquez

Opinion

Fourth Court of Appeals San Antonio, Texas September 12, 2018

No. 04-18-00590-CV

John R. HALL, D.O. and South Texas Spinal Clinic, PA, Appellants

v.

Julian VASQUEZ, Appellee

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2017-CI-22025 Honorable Cathleen M. Stryker, Judge Presiding

ORDER The reporter’s record was due August 31, 2018 but was not filed. On September 5, 2018, the court reporter filed a notification of late record stating the record would not be filed because appellant has not paid or made arrangements to pay the reporter’s fee to prepare the record and appellant is not entitled to the record without paying the fee. See TEX. R. APP. P. 34.6(b), 35.3(b). In her notification, the court reporter further states that she anticipates the record to be completed by September 11, 2018 so long as she receives payment.

Accordingly, we ORDER appellant to provide written proof to this court on or before September 17, 2018 that either (1) the reporter’s fee has been paid or arrangements satisfactory to the reporter have been made to pay the reporter’s fee, or (2) appellant is entitled to the record without prepayment of the reporter’s fee. See id. R. 35.3(b). If appellant fails to respond within the time provided, appellant’s brief will be due thirty days after the date the reporter’s record is filed, 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 id. R. 37.3(c).

We order the clerk of this court to serve a copy of this order on all counsel, the district clerk, and the court reporter.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of September, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court