Narrative Opinion Summary
In the appellate case of Steven Wells v. Glen Dale Motor Co. and Tomsic Motor Co., the Court of Appeals for the Fifth District of Texas addressed overdue records essential for the continuation of the appeal. The court had previously notified the responsible officials, the court reporter and the district clerk, of the overdue status of the clerk's and reporter's records. Despite prior notification, neither record was filed timely. Consequently, the court issued an order requiring the Dallas County District Clerk to provide either the clerk's record or a written verification of the appellant's indigence and payment status within ten days. Similarly, the official court reporter was ordered to submit the reporter's record or equivalent verification within fifteen days. Failure to demonstrate the appellant's indigence or payment for the records would result in the dismissal of the appeal or its submission without the reporter's record. This order underscores the procedural obligations and potential consequences faced by parties in appellate proceedings, highlighting the importance of timely compliance with court directives. The order was signed by Chief Justice Carolyn Wright and communicated electronically to the relevant officials.
Legal Issues Addressed
Dismissal of Appeal for Failure to File Recordssubscribe to see similar legal issues
Application: The appeal may be dismissed if the appellant fails to ensure the filing of necessary records and is not deemed indigent.
Reasoning: If the verification shows that the appellant is not indigent and has not paid, the court will dismiss the appeal without further notice.
Responsibility of Court Reporter and Clerk in Appealssubscribe to see similar legal issues
Application: The court mandates specific actions from the court reporter and district clerk to ensure timely submission of records required for the appeal.
Reasoning: The court ordered the Dallas County District Clerk to submit either the clerk’s record or a written verification within ten days, indicating whether the appellant is indigent and has paid for the record.
Verification of Indigence in Appellate Proceduresubscribe to see similar legal issues
Application: The court requires verification of the appellant's indigence status to proceed with the appeal without the necessary records.
Reasoning: If the verification shows that the appellant is not indigent and has not paid, the court will dismiss the appeal without further notice.