Fourth Court of Appeals

San Antonio, Texas

February 10, 2017

No. 04-16-00835-CV

Alejandro RODRIGUEZ and Lisa Rodriguez,

Appellants

v.

VRM (Vendor Resource Management), Duly Authorized Agent for The Secretary of Veterans 

Affairs,

Appellees

From the County Court at Law No. 2, Bexar County, Texas

Trial Court No. 2016CV04366

Honorable Jason Wolff, Judge Presiding

O R D E R

The reporter’s record was due January 9, 2017, but was not filed. On January 11, 2017, 

the court reporter filed a notification of late record stating the record was not filed because 

appellant had neither paid nor arranged to pay the reporter’s fee to prepare the record and that 

appellant is not entitled to the record without paying the fee. See TEX. R. APP. P. 34.6(b), 

35.3(b). Accordingly, we ordered appellant to provide written proof to this court that either: (1) 

the reporter’s fee has been paid or arrangements satisfactory to the reporter have been made to 

pay the reporter’s fee; or (2) appellant is entitled to the record without prepayment of the 

reporter’s fee. See id. R. 35.3(b). 

On January 23, 2017, appellant filed a letter in this court stating he had “left a detailed 

message . . . with the court reporter . . . detailing [the] request for a record of proceedings . . . and 

offering payment electronically or otherwise upon her estimate of costs.” We contacted the 

reporter and confirmed that the arrangements for payment were satisfactory and that upon 

payment, she would immediately file the record. However, no record was filed. Thereafter, on 

February 2, 2017, the court reporter filed a second notification of late record. She confirms

payment arrangements were made on January 24, 2017 — appellant’s counsel was to mail the 

reporter payment for the record — but she advises has not received the promised payment and 

although the record is complete, she will not file it until she has received payment. We 

attempted to contact appellant’s counsel by telephone on February 2, 2017, but as of the date of 

the order, had received no response. Accordingly, on February 6, 2017, we again ordered 

appellant to provide written proof to this court that either: (1) the reporter’s fee has been paid; or 
(2) appellant is entitled to the record without prepayment of the reporter’s fee. See id. R. 35.3(b). 

We advised that if appellant failed to respond within the time ordered, appellant’s brief would be 

due thirty days after the date of the order, and the court would consider only those issues or 

points raised in appellant’s brief that did not require a reporter’s record for a decision. See id. R.

37.3(c). 

On February 7, 2017, the court reporter filed the portions of the reporter’s record 

requested by appellant. We therefore assume the reporter received payment as directed by this 

court, although no proof of payment was filed in this court by appellant. Accordingly, as the 

appellate record is now complete, we ORDER appellant to file his brief in this court on or before 

March 9, 2017. See id. R. 38.6(a) (stating that unless appeal is accelerated or brought pursuant 

to rule 31, appellant’s brief is due within thirty days from the date either the clerk’s record or the 

reporter’s record is filed, whichever is later). 

We order the clerk of this court to serve a copy of this order on all counsel. 

_________________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 10th day of February, 2017.

___________________________________

Keith E. Hottle

Clerk of Court