Order entered October 24, 2017

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00851-CV FRANK A. RICHARDS, Appellant V. TOM'S AUTO TRANSPORT, INC., Appellee On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-06468 ORDER Before the Court is appellee’s October 11, 2017 motion to dismiss appeal for want of prosecution. Because the deadline for filing appellant’s brief has not been triggered, we DENY the motion.

We note that on August 22, 2017, we directed appellant to file, within ten days, written verification he had requested the reporter’s record and either paid the reporter’s fee or was entitled to proceed without payment of costs. We cautioned appellant that failure to comply could result in the appeal being submitted without the reporter’s record. See TEX. R. APP. P. 37.3(c). To date, however, appellant has not complied. Accordingly, we ORDER the appeal submitted without the reporter’s record. See id. As the clerk’s record has been filed, we ORDER appellant to file his brief no later than November 22, 2017.

/s/ CRAIG STODDART JUSTICE