Order entered February 3, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01561-CV
THIRD PARTY ANESTHESIA ADMINISTRATORS, LLC, Appellant
V.
STAFF CARE, INC., Appellee
On Appeal from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-09915
ORDER
Before the Court is appellant’s January 27, 2014 motion for extension of time to file
brief. In the motion, appellant asserts it “intended to file an appeal based upon an incorrect and
insufficient judgment and also upon evidentiary errors made by the Trial Court during and
following a bench trial.” Appellant further asserts that because the reporter’s record has not been
filed, “despite diligent request and inquiry,” it has “elected to appeal based on the issue of the
incorrect and insufficient Judgment which Appellant requests be vacated in Appellant’s Brief
filed concurrently herewith.”
Appellant’s motion appears to be in response to the Court’s January 23, 2014 notice
informing appellant its brief is overdue and directing the brief and an extension motion be filed
no later than February 3, 2014. A review of the Court record reveals the briefing deadline was
set by the Clerk of the Court following the filing of the clerk’s record even though the reporter’s
record had not been filed. Because the briefing deadline is not triggered until the appellate
record is complete and, to date, the reporter has not filed the record, it appears our January 23rd
notice was inadvertently sent. See TEX. R. APP. P. 38.6(a). Although no extension is necessary,
to the extent appellant filed its brief in response to the Court’s January 23rd notice, we GRANT
the extension motion and order the brief tendered with the motion filed as of the date of this
order.
Because the reporter’s record was due December 15, 2013 and it has not yet been filed,
we ORDER Sheretta L. Martin, Official Court Reporter of the 162nd Judicial District Court, to
file the record no later than February 13, 2014. No extensions will be granted absent exigent
circumstances. Appellant shall file any amended brief within thirty (30) days from the date the
reporter’s record is filed. Appellee’s brief is due within sixty (60) days from the date the record
is filed.
We note appellant has not paid the $195 filing fee. Accordingly, we ORDER appellant
pay the fee no later than February 13, 2014.
We DIRECT the Clerk of the Court to send a copy of this order by electronic
transmission to Sheretta L. Martin and all parties.
/s/ ADA BROWN
JUSTICE