Opinion
No. 04-20-00347-CV
11-03-2020
IN THE INTEREST OF E.A.C., A CHILD
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-06011
Honorable Aaron Haas, Judge Presiding
ORDER
Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice
On July 23, 2020, the court reporters in this case filed a motion in the trial court challenging appellant's statement of inability to pay court costs. On August 25, 2020, the trial court held a hearing on the motion and signed an order finding that appellant had the ability to pay court costs.
On September 13, 2020, appellant filed a first amended motion asking this court to order the payment for the clerk's record and the reporter's record in monthly installments. This court declines to order payment for the record in monthly installments; however, nothing prevents appellant from contacting the trial court clerk and the court reporters and making payment arrangements with them. To the extent appellant's motion could be construed as asking this court to allow her to file a partial reporter's record, such authorization is unnecessary. See TEX. R. APP. P. 34.6(c)(1) (setting out procedures for requesting a partial reporter's record); Melton v. Toomey, 350 S.W.3d 235, 236-37 (Tex. App.—San Antonio 2011, no pet.) (explaining that Rule 34.6(c) permits an appellant to request a partial reporter's record and the related procedures). Appellant's first amended motion is DENIED.
On October 3, 2020, the trial court clerk filed a notification of late record, stating appellant has failed to pay or make arrangements to pay the fee for preparing the clerk's record and appellant is not entitled to preparation of the clerk's record without paying the fee. It is therefore ORDERED that appellant provide written proof to this court on or before November 20, 2020 that either the clerk's fee has been paid or arrangements have been made with the trial court clerk to pay the clerk's fee. If appellant fails to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appeal if an appellant fails to comply with an order of this court)
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of November, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court