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Vijayalakshmi Nadar v. Thinakar Nadar

Citation: Not availableDocket: 05-21-00647-CV

Court: Court of Appeals of Texas; November 5, 2021; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

A corrected clerk’s record for the appeal was filed on October 25, 2021, leading to the striking of the previously filed clerk’s record from September 7, 2021. The reporter’s record remains unfurnished due to the appellant, Vijayalakshmi Nadar, not having paid the required fee. The trial court denied her request for a free appellate record on August 19, 2021. Additionally, a motion to review this denial was deemed untimely and subsequently denied on October 26, 2021. Pursuant to Texas Rules of Civil Procedure and Texas Rules of Appellate Procedure, the appellant is responsible for the payment of the reporter's fee. She is ordered to provide written verification of payment or arrangements for payment by November 15, 2021. Noncompliance may lead to the appeal being considered solely on the clerk's record.

Legal Issues Addressed

Consequences of Non-Payment for Appellate Record

Application: If the appellant does not provide verification of payment or arrangements for payment of the reporter's fee by the specified deadline, the appeal may be decided based solely on the clerk's record.

Reasoning: She is ordered to provide written verification of payment or arrangements for payment by November 15, 2021. Noncompliance may lead to the appeal being considered solely on the clerk's record.

Responsibility for Payment of Appellate Record Fees

Application: The appellant, Vijayalakshmi Nadar, is required to pay the reporter's fee for the appellate record, as her request for a free appellate record was denied.

Reasoning: The trial court denied her request for a free appellate record on August 19, 2021.

Timeliness of Motions to Review Denial of Free Records

Application: A motion to review the denial of a free appellate record must be submitted in a timely manner; otherwise, it will be denied, as was the case with the appellant's untimely motion.

Reasoning: Additionally, a motion to review this denial was deemed untimely and subsequently denied on October 26, 2021.