the City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, Mike and Lucy Stacy, Pete and Judy Garcia and Janice Frankie ( 2015 )

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: The City of Friendswood and Kevin Holland v. Paul and
Carolyn Horn, Mike and Lucy Stacy, Pete and Judy Garcia
and Janice Frankie
Appellate case number: 01-15-00436-CV
Trial court case number: 14-CV-0490
Trial court: 212th District Court of Galveston County
This is an interlocutory appeal from the trial court’s April 20, 2015 order. See
TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West 2015). Appellants timely appealed
on May 8, 2015. See TEX. R. APP. P. 26.1(b). The record was therefore due on May 18,
2015. See id. 35.1(b). On May 14, 2015, the court reporter informed the Court that a
reporters’ record exists in this case, but that appellants had neither requested nor paid, nor
made arrangements to pay, the fee for preparing the reporter’s record. See id. 37.3(c).
On May 28, 2015, appellants filed a “Motion for Leave to Extend Time to File
Appellants’ Brief.”
Appellants brief will be due 20 days after the reporter files the reporter’s record.
See id. 38.6(a). Accordingly, we dismiss appellants’ motion as moot.
Nevertheless, we further notify appellants that the deadline for filing the reporter’s
record has passed and that, unless appellants submit written evidence from the court
reporter showing that appellants have paid or made arrangements to pay the reporter’s fee
for preparing the reporter’s record within 10 days of the date of this order, we may
require appellants to file their brief without a reporter’s record and we may consider and
decide only those issues or points that do not require a reporter’s record for a decision.
It is so ORDERED.
Judge’s signature: /s/ Chief Justice Sherry Radack
 Acting individually  Acting for the Court
Date: June 4, 2015