Court of Civil Appeals of Texas, 2021

Sylvia Cooke v. Rachel Baier

Sylvia Cooke v. Rachel Baier
Court of Civil Appeals of Texas · Decided November 30, 2021

Sylvia Cooke v. Rachel Baier

Opinion

Order filed November 30, 2021

In The Fourteenth Court of Appeals ____________ NO. 14-21-00589-CV ____________ SYLVIA COOKE, Appellant V. RACHEL BAIER, Appellee

On Appeal from County Court at Law No 2 Galveston County, Texas Trial Court Cause No. CV-0087510 ORDER This appeal is from a judgment signed March 30, 2021. The notice of appeal was filed October 15, 2021. It appears the notice of appeal is untimely, but we are unable to make that determination because the clerk’s record has not been filed.

We received notice from the clerk’s office that appellant has not designated a clerk’s record1 and the notice does not reflect appellant has made arrangements to We note that Tex. R. App. P. 34.5 sets forth the items to be included in the clerk’s record absent a designation. pay for the clerk’s record.2 Appellant has filed a motion to extend time to file the notice of appeal, which cannot be determined in the absence of any clerk’s record.

Accordingly, we enter the following order.

The Galveston County District Clerk is directed to file a clerk’s record on or before December 3, 2021, containing (1) the court’s judgment; (2) any request for findings of fact and conclusions of law, any post-judgment motion, and the court’s order on the motion; and (3) the notice of appeal.

PER CURIAM

Panel Consists of Justices Jewell, Bourliot, and Poissant.

An appeal is subject to dismissal for failure to arrange payment for the clerk’s record. See Tex. R. App. P. 35.3(c), 37.3(b).

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