Junction Econ. Dev. Corp. v. Johnson

Marialyn Barnard, Justice

From the 452nd District Court, Kimble County, Texas
Trial Court No. DCV-2016-1632
Honorable Robert Hofmann, Judge Presiding

This is an accelerated appeal from the trial court's order of June 1, 2017. Appellant timely filed its notice of appeal on June 21, 2017. See TEX. R. APP. P. 26.1(b). Accordingly, the clerk's record was due in this court on July 3, 2017. See id. R. 35.1(b). On June 23, 2017, the Kimble County District Clerk filed a notification of late record stating, among other things, that the clerk's record would not be filed because appellant has not paid or made arrangements to pay the clerk's fee to prepare the record and appellant is not entitled to the record without paying the fee. Accordingly, we ordered appellant to provide written proof to this court that either (1) the clerk's fee has been paid or arrangements satisfactory to the clerk have been made to pay the clerk's fee; or (2) appellant is entitled to the clerk's record without prepayment of the clerk's fee. See TEX. R. APP. P. 20.1; id. R. 35.3(a).

On June 30, 2017, appellant filed a proof that it had provided payment to the district clerk for preparation of the clerk's record. Accordingly, we ORDER the Kimble County District Clerk to file the clerk's record in this court on or before JULY 13, 2017.

We order the clerk of this court to serve a copy of this order on the district clerk and all counsel.

/s/_________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of July, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk