Linda K. McCrary v. Eustolia P. Rios and Leonardo M. Rios

Summary

The Texas Court of Appeals for the Fifth District at Dallas addressed the appellant's motion concerning the trial process, judgment, security deposit, and funds in the court registry. The court ordered the appeal submitted without the reporter's record because the appellant failed to request it or verify that it had been requested, ordered her to file a compliant merits brief by February 28, 2019, and denied the motion without prejudice.

Holdings

1. Because appellant failed to verify that she had requested preparation of the reporter's record after being directed to do so, the court ordered the appeal submitted without the reporter's record pursuant to Texas Rule of Appellate Procedure 37.3(c).
2. The court declined to treat appellant's motion as her merits brief because the brief was not yet due, denied the motion without prejudice, and directed appellant to raise the same arguments in a compliant merits brief.

Questions Presented

1. Whether the appeal should be submitted without the reporter's record after appellant failed to request the record or verify that she had done so.
2. Whether appellant's motion challenging the trial process and judgment should be treated as her merits brief even though the brief was not yet due.

Disposition

other