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Schmidt Land Services Inc v. Unifirst Corporation and Unifirst Holdings Inc. Successor In Merger To Unifirst Holdings Lp D/B/A Unifirst

April 15, 2013

SCHMIDT LAND SERVICES INC., APPELLANT
v.
UNIFIRST CORPORATION AND UNIFIRST HOLDINGS INC. SUCCESSOR IN MERGER TO UNIFIRST HOLDINGS LP D/B/A UNIFIRST, APPELLEES



From the 218th Judicial District Court, Atascosa County, Texas Trial Court No. 12-09-0834-CVA Honorable Donna S. Rayes, Judge Presiding

The opinion of the court was delivered by: Karen Angelini, Justice

FILE COPY

ORDER

On February 25, 2013, appellant filed its notice of appeal. On April 15, 2013, Richey Gentry, the court reporter responsible for preparing the reporter's record in this appeal, filed a notification of late record, stating that the appellant has failed to pay or make arrangements to pay the fee for preparing the reporter's record.

We, therefore, ORDER appellant to provide written proof to this court within ten days of the date of this order that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. If appellant fails to respond within the time provided, appellant's brief will be due within thirty days from the date of this order, and the court will only consider those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See TEX. R. APP. P. 37.3(c).

Further, to date, appellant has failed to pay the applicable filing fee in this appeal. Texas Rule of Appellate Procedure 5 provides,

A party who is not excused by statute or these rules from paying costs must pay- at the time an item is presented for filing-whatever fees are required by statute or Supreme Court order. The appellate court may enforce this rule by any order that is just. TEX. R. APP. P. 5.

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We, therefore, ORDER appellant, within ten (10) days of the date of this order, to either

(1) pay the applicable filing fee in this appeal or (2) provide written proof to this court that appellant is excused by statute or these rules from paying the filing fee. See TEX. R. APP. P. 20.1 (providing that party who qualifies as indigent under Rule 20 may proceed without advance payment of costs). If appellant fails to respond within the time provided, this appeal will be dismissed. See TEX. R. APP. P. 42.3(c).

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of April, 2013.

Keith E. HottleClerk of Court

20130415

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