Order entered April 1, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01329-CV
ALBERT LUTTERODT, Appellant
V.
EMILY LANE OWNERS ASSOCIATION, INC., Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-12-12648-G
ORDER
On February 13, 2015, on the parties’ agreed joint motion, we ordered court reporter
Vielica Dobbins to file, within fifteen days, a supplemental record containing the trial exhibits.
Ms. Dobbins did not file the record, but on March 16, 2015 informed us by letter that the exhibits
were not filed at the time the record was originally filed because appellant’s counsel “declined”
to pay for the exhibits. Ms. Dobbins further informed us that appellant’s counsel has been
advised again of the cost for the production of the exhibits and that the exhibits will be filed once
payment arrangements are made. To date, no supplemental record has been filed.
Pursuant to Texas Rule of Appellate Procedure 35.3, the reporter is responsible for filing
the record only if the party responsible for paying for the record has paid the fee, has made
satisfactory arrangements to pay the fee, or is entitled to appeal without prepayment of costs.
See TEX. R. APP. P. 35.3(b)(3). Nothing in our record reflects appellant is entitled to appeal
without paying the fee. Accordingly, we ORDER appellant to file, no later than April 15, 2015,
written verification that he has paid, or made arrangements to pay, the fee for the exhibits. We
caution appellant that failure to comply may result in the appeal being submitted without the trial
exhibits. See id. 37.3(c).
/s/ CRAIG STODDART
JUSTICE