Jad P. Harper and Juan Carlos Garcia v. Farmers Texas County Mutual Insurance Company and Aslam S. Gilani ( 2014 )

FILE COPY Jad P. Harper and Juan Carlos Farmers Texas County Mutual GarciaAppellant/s Insurance Company and Fourth Court of Appeals San Antonio, Texas January 14, 2014 No. 04-13-00723-CV Jad P. HARPER and Juan Carlos Garcia, Appellant v. FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY and Aslam S. Gilani, Appellee From the 293rd Judicial District Court, Maverick County, Texas Trial Court No. 11-07-26624-MCV Honorable Cynthia L. Muniz, Judge Presiding ORDER The reporter’s record was originally due October 4, 2013, but was not filed. We sent a notice of late record to the reporter. On October 30, 2013, the court reporter responded to our notice by filing a notification of late record in which she stated appellant had made payment arrangements for the record and asking for an additional sixty days to file the reporter’s record. We granted the extension, and the record was therefore due on December 30, 2013. The record was not filed, so the clerk’s office of this court called the court reporter and advised her that she needed to file the record or request another extension of time. In response, on January 10, 2014, the court reporter filed a notification of late record stating the record was not filed because appellants “ha[ve] not followed through with our agreement for payment. So I have suspended my work on the reporters [sic] record.” See TEX. R. APP. P. 34.6(b), 35.3(b). Accordingly, we order appellants to provide written proof to this court on or before January 24, 2014 that either (1) the reporter’s fee has been paid, or (2) appellants are entitled to the record without prepayment of the reporter’s fee. See TEX. R. APP. P. 35.3(b). If appellants fail to respond within the time provided, appellants’ brief will be due February 13, 2014, and the court will only consider those issues or points raised in appellants’ brief that do not require a reporter’s record for a decision. See TEX. R. APP. P. 37.3(c). We order the clerk of this court to serve a copy of this order on all counsel and the court reporter. mb _________________________________ Marialyn Barnard, Justice FILE COPY IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of January, 2014. ___________________________________ Keith E. Hottle Clerk of Court