Melissa Hyatt v. Michael Reighley

Court of Appeals of Texas·Decided January 5, 2015·No. 05-14-01091-CV·Published

Opinion

Order entered December 31, 2014

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-01091-CV

MELISSA HYATT, Appellant

V.

MICHAEL REIGHLEY, Appellee

On Appeal from the 256th Judicial District Court Dallas County, Texas

Trial Court Cause No. DF-03-10926-T

ORDER

Both the clerk’s and reporter’s records in this case is overdue. By postcard dated

November 5, 2014, we notified the Dallas County District Clerk that the clerk’s record was overdue and directed the Dallas County District Clerk to file the clerk’s record within thirty days. To date, the clerk’s record has not been filed and we have not received any correspondence from the Dallas County District Clerk’s office regarding the status of the clerk’s record. Also by postcard dated November 5, 2014, we notified the Court Reporter that the reporter’s record was overdue. To date, the reporter’s record has not been filed.

Accordingly, we ORDER the Dallas County District Clerk to file the clerk’s record or written verification that appellant has not been found indigent and has not paid for the record within TEN DAYS of the date of this order. We notify appellant that if we receive verification appellant is not indigent and has not paid for the record, we will, without further notice, dismiss the appeal. See TEX. R. APP. P. 37.3(b).

We ORDER Glenda Johnson, Official Court Reporter for the 256th Judicial District Court, to file, within TEN DAYS of the date of this order, either: (1) the reporter’s record; (2) written verification that no hearings were recorded; or (3) written verification that appellant has not paid for or made arrangements to pay for the reporter’s record. We notify appellant that if we receive verification appellant has not requested, paid for, or made arrangements to pay for the reporter’s record, we will order the appeal submitted without the reporter’s record. See TEX. R. APP. P. 37.3(c).

We DIRECT the Clerk to send copies of this order, by electronic transmission, to the following persons:

Gary Fitzsimmons Dallas County District Clerk

Glenda Johnson Official Court Reporter, 256th Judicial District Court

All parties

/s/ CRAIG STODDART

JUSTICE

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