Diana Fay Bass v. Richard H. Bass ( 2015 )

Order entered December 9, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-01362-CV
DIANA FAY BASS, Appellant
V.
RICHARD H. BASS, Appellee
On Appeal from the 401st Judicial District Court
Collin County, Texas
Trial Court Cause No. 401-54722-2015
ORDER
Before the Court are numerous motions filed by appellant and a motion to dismiss the
appeal for want of jurisdiction filed by appellee. Appellee contends the appeal should be
dismissed because a final judgment has not been rendered.
This is a divorce proceeding. The parties signed a mediated settlement agreement. To
effectuate a provision of that agreement, the trial court signed an order on November 2, 2015
appointing appellee as receiver with the authority to sell property designated as his separate
property in the mediated settlement agreement.
On November 6, 2015, appellant filed a notice of appeal. In her notice of appeal,
appellant complains mostly of the mediated settlement agreement. She does, however, also
complain of the ex parte hearing leading to the receivership order.
A party may bring an interlocutory appeal from an order appointing a receiver. See TEX.
CIV. PRAC. & REM. CODE ANN. § 51.014(a)(1) (West Supp. 2015). Accordingly, this appeal is
proceeding only from the interlocutory order appointing a receiver. This appeal follows an
accelerated timetable. See TEX. R. APP. P. 28.1(a).
The record in this case is past due. Appellant is indigent and is allowed to proceed
without advance payment of costs. Accordingly, we ORDER Yoon Kim, Collin County District
Clerk, to file, BY DECEMBER 21, 2015, the clerk’s record.
We ORDER Kimberly Tinsley, Official Court Reporter for the 401st Judicial District
Court, to file, BY DECEMBER 21, 2015, either (1) the reporter’s record or (2) written
verification that appellant has not requested preparation of the reporter’s record. We caution
appellant that if the Court receives written confirmation of no request, we will order the appeal
submitted without the reporter’s record.
We DENY as moot appellant’s November 16, 2015 motion to extend time to establish
indigence by affidavit.
We GRANT appellant’s November 16, 2015 motion for an extension of time to file the
docketing statement. The docketing statement received on November 12, 2015, is timely filed.
We DENY as premature appellant’s December 4, 2015 motion for an extension of time
to file a brief. Appellant’s brief will be due twenty days after the later of the date the clerk’s
record or reporter’s record is filed. See TEX. R. APP. P. 38.6(a).
Because the Court has determined that this appeal will proceed as an accelerated appeal
from the interlocutory order appointing a receiver, we DENY appellee’s motion to dismiss the
appeal for want of jurisdiction.
We DIRECT the Clerk of this Court to send a copy of this order by electronic
transmission to Mr. Kim, Ms. Tinseley, and all parties.
/s/ ELIZABETH LANG-MIERS
JUSTICE