Austin Jockey Club, Ltd. v. Dallas City Limits Property Co., L.P.

Order entered March 20, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00114-CV AUSTIN JOCKEY CLUB, LTD., Appellant V. DALLAS CITY LIMITS PROPERTY CO., L.P., Appellee On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. 08-11846 ORDER Both the clerk’s and reporter’s records in this case are overdue. By postcard dated February 3, 2014, we notified the Court Reporter that the reporter’s record was overdue. We directed the Court Reporter to file the record within thirty days. To date, the reporter’s record has not been filed. Also by postcard dated February 3, 2014, we notified the Dallas County District Clerk that the clerk’s record was overdue. We directed the District Clerk to file the clerk’s record within thirty days. To date, the clerk’s record has not been filed. Accordingly, this Court ORDERS the Dallas County District Clerk to file, within TEN DAYS of the date of this order, either the clerk’s record or written verification that appellant has not paid for or made arrangements to pay for the record. We notify appellant that if we receive verification it has not paid for or made arrangements to pay for the clerk’s record, we will, without further notice, dismiss the appeal. See TEX. R. APP. P. 37.3(b). We ORDER Sharron Rankin, Official Court Reporter for the 160th Judicial District Court, to file, within TEN DAYS of the date of this order, either: (1) the reporter’s record; (2) written verification that no hearings were recorded; or (3) written verification that appellant has not paid for or made arrangements to pay for the reporter’s record. We notify appellant that if we receive verification it has not requested, paid for, or made arrangements to pay for the reporter’s record, we will order the appeal submitted without the reporter’s record. See TEX. R. APP. P. 37.3(c) We DIRECT the Clerk to send copies of this order, by electronic transmission, to the following persons: Gary Fitzsimmons Dallas County District Clerk Sharron Rankin Official Court Reporter, 160th Judicial District Court /s/ CAROLYN WRIGHT CHIEF JUSTICE