Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas issued an order on July 12, 2013, addressing the overdue appellate records in the case involving minors E.J.I. and T.J.I. The court responded to a communication from court reporter Glenda Johnson, who reported that she had not received payment or any contact from the appellant regarding the cost of the reporter’s record, and similar inaction from the Dallas County District Clerk's Office concerning the clerk’s record. The court directed the Dallas County District Clerk to submit the clerk’s record or confirm the appellant's non-indigence and absence of payment arrangements within fifteen days, warning that failure to comply would lead to dismissal of the appeal for want of prosecution under Texas Rule of Appellate Procedure 37.3(b). Furthermore, Glenda Johnson was ordered to file the reporter’s record or provide the same verification within thirty days, allowing the appeal to proceed without the reporter’s record if non-indigence and non-payment were confirmed, per Texas Rule of Appellate Procedure 37.3(c). The order emphasized the necessity of compliance by electronically distributing copies to involved parties, including the Dallas County District Clerk and relevant counsel.
Legal Issues Addressed
Consequences of Failing to Provide Indigence or Payment Evidencesubscribe to see similar legal issues
Application: The appellant is warned that failing to provide evidence of indigence or payment will result in dismissal of the appeal for want of prosecution.
Reasoning: The appellant is warned that failure to provide evidence of indigence or payment will result in dismissal of the appeal for want of prosecution, pursuant to Texas Rule of Appellate Procedure 37.3(b).
Filing Requirements for Appellate Recordssubscribe to see similar legal issues
Application: The court requires the Dallas County District Clerk to file the clerk’s record or provide verification of the appellant's non-indigence and lack of payment arrangements within fifteen days.
Reasoning: The court mandates the Dallas County District Clerk to file either the clerk’s record or provide written verification of the appellant's non-indigence and lack of payment arrangements within fifteen days.
Submission of Appeals Without Reporter’s Recordsubscribe to see similar legal issues
Application: The court orders the court reporter to file the reporter’s record or provide verification of the appellant's non-indigence and payment status within thirty days, allowing the appeal to proceed without the reporter’s record if verification is received.
Reasoning: If verification of non-indigence and non-payment is received, the appeal may be submitted without the reporter’s record, in accordance with Texas Rule of Appellate Procedure 37.3(c).