Jennifer Olson v. Nevro Corp.

Order entered July 5, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00680-CV
JENNIFER OLSON, Appellant
V.
NEVRO CORP., Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-03225
ORDER
This is an accelerated from an order granting a temporary injunction. See TEX. CIV.
PRAC. & REM. CODE ANN. § 51.014(a)(4). The clerk’s record is overdue. Felicia Pitre, Dallas
County District Clerk, has notified the Court that the clerk’s record has been prepared and will
be filed once appellant pays the fee. On June 16, 2019, appellant filed a “Sworn Record.” She
asserts this is acceptable as this is an accelerated appeal. See TEX. R. APP. P. 28.1(e). Rule
28.1(e) provides that this Court may hear an accelerated appeal on “sworn and uncontroverted
copies of [the original] papers.” See id; Roma Indep. Sch. Dist. v. Guillen, No. 04-13-00133-CV,
2013 WL 684781, at *1 (Tex. App.—San Antonio Feb. 25, 2013, pet. denied) (on party’s
motion, appeal expedited and submitted on sworn record).
Appellant has not requested that this appeal be expedited and this Court sees no reason
for doing so. Accordingly, we STRIKE the Sworn Record filed on June 16, 2019. We ORDER
Ms. Pitre to file, by July 15, 2019, either the clerk’s record or written verification that appellant
has not paid the clerk’s fee. We caution appellant that if the Court receives written verification
of no payment, the Court may dismiss the appeal for want of prosecution. See TEX. R. APP. P.
37.3(b).
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Pitre and all
parties.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE