B&V Landscaping v. Roscoe Robert Harvey, Nancy Joyce Harvey and Harvey R&N Trust

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Fourth Court of Appeals
San Antonio, Texas
August 23, 2022
No. 04-22-00400-CV
B&V LANDSCAPING,
Appellant
v.
Roscoe Robert HARVEY, Nancy Joyce Harvey and Harvey R&N Trust,
Appellees
From the 198th Judicial District Court, Bandera County, Texas
Trial Court No. CVCD-XX-XXXXXXX
Honorable M. Rex Emerson, Judge Presiding
ORDER
On June 29, 2022, Appellant filed a Notice of Appeal with no court reporter copied on
the notice. On July 27, 2022, the clerk’s record was filed. It indicated that there was a hearing
with a court reporter on the day the trial court signed the final judgment. The record also shows
that the district clerk notified the court reporter of Appellant’s notice of appeal. On July 29,
2022, Appellant filed a docketing statement indicating that there was no reporter’s record and
that no reporter’s record was requested.
Under Texas Rule of Appellate Procedure 37.3(c), this court “may--after first giving the
appellant notice and a reasonable opportunity to cure--consider and decide those issues or points
that do not require a reporter’s record for a decision.” TEX. R. APP. P. 37.3(c); Bohyun Kim v.
Myoung Ki Kim, No. 13-18-00269-CV, 2020 WL 1060577, at *4 (Tex. App.—Corpus Christi
Mar. 5, 2020, no pet.) (mem. op., not designated for publication); Albert Lee Giddens, APLC v.
Cuevas, No. 14-16-00772-CV, 2017 WL 4159263, at *2 (Tex. App.—Houston [14th Dist.] Sept.
19, 2017, no pet.) (mem. op., not designated for publication).
Accordingly, Appellant may decide to request and pay for a reporter’s record in this case
if it notifies this court within ten days that Appellant intends to do so. Otherwise, this court will
only “consider and decide those issues or points [raised in Appellant’s brief] that do not require a
reporter’s record for a decision.” See TEX. R. APP. P. 37.3(c).
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_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 23rd day of August, 2022.
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MICHAEL A. CRUZ, Clerk of Court