CHRISTOPHER LLOYD OFFICE APPELLANT v. POLYXENI OFFICE APPELLEE (2011)

ORDER

In a status report filed July 25, 2011, the court reporter requested additional time for preparing the reporter's record in this appeal because pro se appellant Christopher Lloyd Office had not requested preparation of the reporter's record and had not made acceptable payment arrangements.   We ordered Mr. Office to meet those requirements by August 8, 2011.   Mr. Office did not do so.   We then ordered Mr. Office, if he claimed indigence, to file an affidavit of indigence with the clerk of the trial court according to Appellate Rule 20.1 within ten days of August 19.   Mr. Office did not file an affidavit of indigence.

The reporter's record in this appeal is due September 30, 2011.   Mr. Office has not requested the reporter to prepare a record and has not made satisfactory payment arrangements or shown himself entitled to a free record.   Nothing precludes Mr. Office from requesting and making payment arrangements acceptable to the reporter, but the reporter has no obligation to prepare, certify, and file the reporter's record until Mr. Office satisfies the requirements of Appellate Rule 35.3(b)(2) and (3).¹  The reporter shall file a status report if the reporter's record is not filed by September 30, 2011.

Mr. Office's appellate brief shall be filed on or before October 21, 2011.   Tex.R.App. P. 38.1.   If the reporter's record is not filed, due to the fault of Mr. Office, we will only consider and decide those issues or points in his brief that do not require a reporter's record for a decision.  Tex.R.App. P. 37.3(c).

It is so ordered.

FOOTNOTES

FN1. Tex.R.App. P. 35.3(b) provides:Reporter's Record.   The official or deputy reporter is responsible for preparing, certifying, and timely filing the reporter's record if:(1) a notice of appeal has been filed;(2) the appellant has requested that the reporter's record be prepared;  and(3) the party responsible for paying for the preparation of the reporter's record has paid the reporter's fee, or has made satisfactory arrangements with the reporter to pay the fee, or is entitled to appeal without paying the fee..  FN1. Tex.R.App. P. 35.3(b) provides:Reporter's Record.   The official or deputy reporter is responsible for preparing, certifying, and timely filing the reporter's record if:(1) a notice of appeal has been filed;(2) the appellant has requested that the reporter's record be prepared;  and(3) the party responsible for paying for the preparation of the reporter's record has paid the reporter's fee, or has made satisfactory arrangements with the reporter to pay the fee, or is entitled to appeal without paying the fee.

Per Curiam