Order entered December 13, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-00141-CV
AMBER ETTA BUMPUS, Appellant
V.
BRENT WADE FITZGERALD, Appellee
On Appeal from the 196th District Court
Hunt County, Texas
Trial Court Cause No. 773788
ORDER
On August 22, 2013, after we had earlier determined appellant was entitled to proceed
without payment of costs, we ordered Becky Wheeler, Official Court Reporter for the 196th
Judicial District Court, to file by September 11, 2013 either the reporter’s record or written
verification that appellant has not requested the reporter’s record in this case. She responded by
letter informing us that the court reporter at the time this case was heard was Kelly Bryant.
Subsequently, court reporter Michael Hurley informed us that he reported two temporary orders
hearing, but was unaware appellant had been allowed to proceed without payment of costs.
These communications suggest appellant requested the record, but, to date, the record has not
been filed.
Pursuant to Texas Rule of Appellate Procedure 35.3 (b), “[t]he official or deputy reporter
is responsible for preparing, certifying, and timely filing the reporter’s record if (1) a notice of
appeal has been filed; (2) the appellant has requested that the reporter’s record be prepared; and
(3) the party responsible for paying for the preparation of the reporter’s record has paid the
reporter’s fee . . . or is entitled to appeal without paying the fee.” TEX. R. APP. P. 35.3(b).
Accordingly, we ORDER Becky Wheeler to obtain the record from Kelly Bryant and Michael
Hurley and file it no later than January 13, 2014. No extensions will be granted absent exigent
circumstances.
Based on this order, we DENY as moot appellant’s December 3, 2013 “motion for action
by Fifth Court.”
We DIRECT the Clerk of the Court to send copies of this order by electronic
transmission to Becky Wheeler, Official Court Reporter for the 196th Judicial District Court, the
Honorable Steve Tittle, Presiding Judge of the 196th Judicial District Court, and all parties to the
appeal.
/s/ ELIZABETH LANG-MIERS
JUSTICE