Narrative Opinion Summary
The Court of Appeals for the Fifth District of Texas issued an order on September 20, 2021, regarding the appeals of Phillip Lynn Schwartzkopf against the State of Texas, stemming from the County Court at Law No. 1 in Collin County. The court noted that the reporter’s record for these cases was overdue. The court had previously notified the court reporter, Elizabeth Neve Griffin, on September 15, 2021, regarding the overdue record. Griffin indicated that she had provided an estimate for the reporter’s record but had not received payment or communication from the appellant. The court ordered Schwartzkopf to submit written verification within fifteen days confirming that he had either paid for or arranged payment for the reporter’s record. Failure to comply could result in the court taking appropriate actions, including proceeding with the appeals without the reporter’s record, as per Texas Rule of Appellate Procedure 37.3(c). The order was signed by Chief Justice Robert D. Burns, III.
Legal Issues Addressed
Consequences of Non-Payment for Reporter’s Recordsubscribe to see similar legal issues
Application: Failure to pay for or arrange payment for the reporter’s record may result in the court proceeding with the appeals without the record.
Reasoning: Failure to comply could result in the court taking appropriate actions, including proceeding with the appeals without the reporter’s record, as per Texas Rule of Appellate Procedure 37.3(c).
Notice Requirement for Overdue Court Recordssubscribe to see similar legal issues
Application: The court is required to notify the concerned court reporter about overdue records, as demonstrated by the notification given to Elizabeth Neve Griffin.
Reasoning: The court had previously notified the court reporter, Elizabeth Neve Griffin, on September 15, 2021, regarding the overdue record.
Responsibility for Payment of Reporter’s Recordsubscribe to see similar legal issues
Application: The appellant is required to arrange payment for the reporter’s record to proceed with the appeal.
Reasoning: Griffin indicated that she had provided an estimate for the reporter’s record but had not received payment or communication from the appellant.