Stagg Restaurants, LLC D/B/A McDonalds 24388 v. Fred Serra

• Court: Court of Appeals of Texas
• Decided: August 9, 2018
• Docket: 04-18-00527-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas August 9, 2018

No. 04-18-00527-CV

STAGG RESTAURANTS, LLC d/b/a McDonalds #24388, Appellants

v.

Fred SERRA, Appellee

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2014CI17438 Honorable John D. Gabriel, Jr., Judge Presiding

ORDER This is an accelerated appeal. The reporter’s record was due August 6, 2018, but was not filed. On August 6, 2018, the court reporter filed a notification of late record stating the record was not filed because appellant has not paid or made arrangements to pay the reporter’s fee to prepare the record and that appellant is not entitled to the record without paying the fee. See TEX. R. APP. P. 34.6(b), 35.3(b).

Accordingly, we ORDER appellant to provide written proof to this court on or before August 20, 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 August 29, 2018, 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. 37.3(c).

We order the clerk of this court to serve a copy of this order on all counsel 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 9th day of August, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court