Narrative Opinion Summary
In the case of Arsenio Cantu v. Elbar Investments, Inc. and Tax Ease Funding, L.P., the Court of Appeals for the First District of Texas issued an order regarding the appeal process. The record for the appeal was initially due on June 29, 2015. While the clerk's record was filed on July 6, 2015, the reporter's record remained unfiled due to the appellant's failure to request it or to pay for it, as required by Texas Rule of Appellate Procedure 35.3(b). The Court's Clerk notified the appellant that he needed to provide written evidence of payment or proof of entitlement to proceed without costs by August 5, 2015, or the appeal would be considered without the reporter's record. As the appellant did not respond, the Court will address only those issues that do not require the reporter's record. Additionally, the appellant is ordered to file his brief within 30 days of the order's date, December 10, 2015. The order was signed by Judge Michael Massengale, acting for the Court.
Legal Issues Addressed
Consequences of Not Filing Reporter’s Recordsubscribe to see similar legal issues
Application: If the appellant fails to file the reporter's record, the appellate court will consider only those issues that do not require it.
Reasoning: As the appellant did not respond, the Court will address only those issues that do not require the reporter's record.
Deadline for Filing Appellant’s Briefsubscribe to see similar legal issues
Application: The appellant is required to submit his brief within a specified timeframe following the court’s order.
Reasoning: Additionally, the appellant is ordered to file his brief within 30 days of the order's date, December 10, 2015.
Filing Requirements for Appellate Recordssubscribe to see similar legal issues
Application: The appellant must file both the clerk's record and the reporter's record to proceed with an appeal, as per Texas Rule of Appellate Procedure 35.3(b).
Reasoning: While the clerk's record was filed on July 6, 2015, the reporter's record remained unfiled due to the appellant's failure to request it or to pay for it, as required by Texas Rule of Appellate Procedure 35.3(b).
Obligation to Provide Proof of Payment or Entitlement to Proceed Without Costssubscribe to see similar legal issues
Application: The appellant must provide written evidence of payment for the reporter's record or demonstrate entitlement to proceed without costs to avoid limitations on the appeal.
Reasoning: The Court's Clerk notified the appellant that he needed to provide written evidence of payment or proof of entitlement to proceed without costs by August 5, 2015, or the appeal would be considered without the reporter's record.