COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Arnold Shields, Individually, d/b/a Galveston Service 

Company, d/b/a Blu Shields Construction, and Blu Shields 

Construction, LLC v. Commercial State Bank, Douglas 

Faver, Scott Conkling, Melissa Conkling, Suzanne Hubbard, 

Daniel Jurgena, Roxanne Tomolialo, Joseph Cox, Thomas 

Walsh and Gina F. Dominique

Appellate case number: 01-16-00643-CV

Trial court case number: 2015-06750

Trial court: 129th District Court of Harris County

On November 1, 2016, this Court’s Order, among other things, dismissed as moot 

the pro se appellants’ amended motion to compel the district clerk to produce all items 

requested on their requests and directed appellants to retain counsel for Blu Shields 

Construction, LLC, within thirty days of that Order, or else that appellant may be 

dismissed without further notice. On November 29, 2016, the pro se appellants filed a 

“Motion for Continuance for the Brief of Appellants,” requesting a ninety-day extension

of time to file their brief because, among other reasons, they submitted a fourth request to 

the district clerk on November 29, 2016, for such items as a “Copy of all notices sent out 

by U.S. Mail, email’s, text’s related to Cause No. 2015-06750.”

The clerk’s record, with the standard list of documents, was already picked up by 

the pro se appellants from the Clerk of this Court on November 16, 2016. Appellants are 

notified that any additional items must be specifically described in a request to the district 

clerk who “will disregard a general designation, such as one for ‘all papers filed in the 

case.’” TEX. R. APP. P. 34.5(b)(2).

Although the clerk’s record was filed in this Court on November 11, 2016, the 

Clerk of this Court notified appellants on September 14, 2016, that the reporter’s record 
was not filed due to appellants’ failure to request and pay for it. That notice also notified 

appellants that this Court may set the briefing schedule and decide the appeal without the 

reporter’s record unless appellants filed evidence of requesting and paying for that record 

by September 26, 2016. Although the pro se appellants failed to respond timely to the 

Clerk’s notice, they also requested more time to file their brief because they need more 

time to find counsel for Blu Shields Construction, LLC. Thus, appellants’ extension 

request is GRANTED, in part, for 30 days from the date of this Order.

Accordingly, appellants are ORDERED either to find counsel who shall file a 

notice of appearance within 30 days of this order or else the pro se appellants must 

request and pay, or make arrangements to pay, for the reporter’s record within 30 days of 

this order. If appellants fail to comply with this Order in a timely manner, this Court

will dismiss Blu Shields Construction, LLC, and set the briefing schedule and consider 

and decide this appeal on those issues or points that do not require a reporter’s record for 

a decision. See TEX. R. APP. P. 37.3(c)(1), (2), 42.3(b), (c).

It is so ORDERED.

Judge’s signature: /s/ Laura Carter Higley

  Acting individually 

Date: December 6, 2016