Mark Rose v. Economy & Development General Trading Company US, LLC

• Court: Court of Appeals of Texas
• Decided: September 21, 2020
• Docket: 05-20-00264-CV
• Status: Published

Opinion

Order entered September 21, 2020

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-20-00264-CV

MARK ROSE, Appellant

V.

ECONOMY & DEVELOPMENT GENERAL TRADING COMPANY US, LLC, Appellee

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-20196

ORDER

Before the Court is appellant’s September 17, 2020 third motion for an

extension of time to file his brief on the merits. In his motion, appellant states the

following:

Additionally, the Clerk’s record does not contain exhibits introduced at the hearing held in the Trial Court in this matter. Appellant’s counsel is working to obtain the reporter’s record, and have it filed herein, which is important to Appellant’s record and argument. By order dated June 19, 2020, we ordered this appeal be submitted without the

reporter’s record after appellant failed to provide documentation that he requested

the reporter’s record and paid or made arrangements to pay the reporter’s fee.

We construe appellant’s motion, in part, as a request to vacate this Court’s

June 19th order. We GRANT the motion as follows: We VACATE this Court’s

June 19th order. We ORDER Deputy Official Reporter Terri Etekochay to file, by

October 5, 2020, either the complete reporter’s record as requested by appellant or

written verification that appellant has not paid the fee for preparing the record. We

caution appellant that if the Court receives written verification of non-payment, the

Court will again order the appeal be submitted without the reporter’s record. See

TEX. R. APP. P. 37.3(c).

Appellant’s brief on the merits will be due within thirty days after the

reporter’s record is filed.

We DIRECT the Clerk of this Court to send a copy of this order to Ms.

Etekochay and the parties.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE