Mike Jabary v. City of Allen and Peter Smith, Esq City Attorney

Opinion

Order entered February 13, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01332-CV

MIKE JABARY, Appellant

V.

CITY OF ALLEN, Appellee

On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-00827-2011

ORDER By order dated November 16, 2012, and included in a supplemental clerk’s record filed in

this Court on December 6, 2012, the trial court sustained two contests to appellant’s affidavit of

indigence and ordered appellant “to pay costs as required by the Texas Rules of Appellate

Procedure.” See TEX. R. APP. P. 20.1(i). The costs required by the rules include the charges for

preparing “the clerk’s record and, if necessary to the appeal, the reporter’s record.” See id.

20.1(n), 34.1. Although the reporter’s record has been filed, the clerk’s record has not.

Accordingly, we ORDER appellant to pay for the clerk’s record within ten (10) days of the date

of this order. We further ORDER Collin County District Clerk Andrea Stroh Thompson to file

the clerk’s record within ten days of receipt of payment. We caution appellant that failure to pay for the clerk’s record will result in the appeal being dismissed without further notice. TEX. R.

APP. P. 37.3(b), 42.3(b), (c).

/s/ ELIZABETH LANG-MIERS JUSTICE