Syed Rahman and Sabrina Rahman v. Charlene N. Foster

Summary

The Court of Appeals for the Fifth District of Texas orders the Collin County District Clerk to notify the appellants of the cost of preparing the clerk’s record and to file documentation of that amount. The order addresses the overdue clerk’s record and explains the clerk’s obligations under Texas Rules of Appellate Procedure 34.5 and 35.3.

Holdings

1. The trial court clerk is required to compile, certify, and file the clerk's record, including the documents required by Texas Rule of Appellate Procedure 34.5(a).
2. The Collin County District Clerk was ordered to notify appellants within five days of the cost to prepare a clerk's record containing the items required by Rule 34.5(a), and to file written documentation of the amount due within ten days.

Questions Presented

1. What obligations does the trial court clerk have to compile, certify, and file the clerk's record in an appeal?
2. What action was required to address the overdue clerk's record and ensure that appellants were notified of the cost of preparing it?

Disposition

other