Jeffrey Allen Krause and Akiko Krause v. Jason Chen ( 2022 )

Order entered January 24, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00470-CV
JEFFREY ALLEN KRAUSE AND AKIKO KRAUSE, Appellants
V.
JASON CHEN, Appellee
On Appeal from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-01778-2021
ORDER
Before the Court is appellee’s January 10, 2022 motion to dismiss the appeal
for want of prosecution because appellants have failed to pay this Court’s filing fee
and the fee for the clerk’s record. The clerk’s record was filed on January 11.
Appellant Jeffrey Allen Krause filed a statement of inability to afford
payment of court costs in this Court on January 10. Pursuant to Texas Rule of
Appellate Procedure 20.1(a) and (c), appellants are permitted to proceed without
payment of this Court’s filing fees. See TEX. R. APP. P. 20.1(a), (c). However, fees
charged by the court reporter for the preparation of the reporter’s record are
governed by Texas Rule of Civil Procedure 145. See id. 20.1(a); TEX. R. CIV. P.
145. Nothing in our record indicates appellants have filed a statement of inability
to pay pursuant to that rule.
The reporter’s record is overdue. We ORDER Jennifer Corley, Official
Court Reporter for County Court at Law No. 6, to file, by February 23, 2022,
either the reporter’s record or written verification that appellants have not
requested or paid the fee for preparing the record. We caution appellants that if we
receive written verification of no request or no payment, we will order the appeal
submitted without the reporter’s record. See TEX. R. APP. P. 37.3(c).
We DENY appellee’s motion to dismiss the appeal.
We DIRECT the Clerk of this Court to send a copy of this order to Ms.
Corley and all parties.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE