COURT OF APPEALS
`THIRD DISTRICT OF TEXAS
`P.O. BOX 12547, AUSTIN, TEXAS 78711-2547
`www.txcourts.gov/3rdcoa.aspx
` (512) 463-1733
`
`JEFFREY D. KYLE, CLERK
`
`September 10, 2024
`
`Mr. Nam Tran
`Rogers Law Firm
`12401 Hymeadow Drive, Suite 1-C
`Austin, TX 78750
`* DELIVERED VIA E-MAIL *
`
`DARLENE BYRNE, CHIEF JUSTICE
`THOMAS J. BAKER, JUSTICE
`GISELA D. TRIANA, JUSTICE
`CHARI L. KELLY, JUSTICE
`EDWARD SMITH, JUSTICE
`ROSA LOPEZ THEOFANIS, JUSTICE
`
`Toriante Jashawn Harris
`7700 N Capital of TX Hwy Apt. 1021
`Austin, TX 78731
`* DELIVERED VIA E-MAIL *
`
`RE:
`
`Court of Appeals Number:
`Trial Court Case Number:
`
`03-24-00587-CV
`C-1-CV-24-003442
`
`Style:
`
`Toriante Jashawn Harris
`v. Canyon Springs at Bull Creek
`
`Dear Toriante Jashawn Harris and Counsel:
`
`The Court has been advised that appellant has given notice of appeal. The cause in this
`Court will bear the number and style shown above. Cases in the Third Court of Appeals are
`governed by the Texas Rules of Appellate Procedure (Tex. R. App. P.) which may be accessed on
`the Court’s website at http://www.txcourts.gov/rules-forms/rules-standards/. The Court provides all
`notices, orders, or other communications about a case by email. All documents filed with this Court
`must include the filer’s email address in addition to any other information required by the Texas
`Rules of Appellate Procedure. It is the filer’s responsibility to update the Court with any changes to
`their email address. In addition, at or before the time of a document’s filing, the filing party must
`serve a copy of the document(s) on all parties to the proceeding. See Tex. R. App. P. 9.5.
`Appellant is requested to forward the following items to this Court on or before Friday,
`September 20, 2024:
`
`
`
`$205.00 Filing Fee – Unless an appellant is exempt by law or is presumed unable to
`afford payment of court costs, the appellant must pay the required $205.00 filing fee to
`prosecute the appeal. See Tex. R. Civ. P. 145; Tex. R. App. P. 20. 1. Failure to pay the
`filing fee may result in dismissal of the cause in accordance with Tex. R. App. P. 5 and
`42.3. If you are excused by statute or the appellate rules from paying costs, please notify
`the Court. Payment should be submitted electronically through the eFileTexas.gov
`electronic filing system.
`o Persons not represented by an attorney may pay in person at the Clerk’s office or by
`mailing a money order or check made payable to “The State of Texas.”
`
`FILE COPY
`
`

`

` Docketing Statement – See Tex. R. App. P. 32. Until the clerk’s record is filed, the
`docketing statement is the primary source of important information about an appeal,
`including contact information for the parties and information about the order being
`appealed. A copy of the docketing statement is available on the Court’s website at
`http://www.txcourts.gov/3rdcoa/practice-before-the-court/forms/.
`o Pro Bono Program - Please be advised that regardless of your request in the
`Docketing Statement to participate in the Pro Bono Program, you are required to
`comply with all Texas Rules of Appellate Procedure, including meeting filing
`deadlines, whether or not a volunteer attorney is matched to your case.
`o Fifteenth Court of Appeals - Appeals with particular subject matter and parties will
`be transferred to the Fifteenth Court of Appeals on September 1, 2024. Section XV
`of this Court’s docketing statement is designed to help parties assess whether their
`appeal is within the exclusive jurisdiction of the Fifteenth Court of Appeals. See
`Tex. Gov’t Code § 22.220(d). The Court requests that the parties confer and advise
`the Court if you believe your appeal is subject to transfer to the Fifteenth Court of
`Appeals.
`
` Challenge to Constitutionality of a State Statute - Pursuant to Section 402.010 (a-1)
`of the Texas Government Code, any party challenging the constitutionality of a Texas
`Statute must file a “Challenge to the Constitutionality of a State Statute” form with the
`court in which the challenge is pending. This form can be accessed on the Court’s
`website at http://www.txcourts.gov/3rdcoa/practice-before-the-court/forms/. Parties
`who are not challenging the constitutionality of a state statute need not file this
`form.
`Unless an appellant is exempt by law or is presumed unable to afford payment of court
`costs, the trial-court clerk and court reporter are not required to file the clerk’s and reporter’s
`records until appellant has paid the required fees, or has made satisfactory arrangements to pay the
`fees. See Tex. R. App. P. 35.3(a)(2), (b)(3). If appellant has not already done so, written requests
`and arrangements for payment of the following records must be made on or before Friday,
`September 20, 2024.
`
` Clerk’s Record - The Court may dismiss an appeal for want of prosecution if the clerk’s
`record is not filed and it is appellant’s fault. See Tex. R. App. P. 37.3(b); 42.3.
`Appellant should make arrangements for the clerk’s record with the trial-court clerk and
`may file a written designation specifying additional items to be included in the clerk’s
`record. See Tex. R. App. 34.5(b)(2).
` Reporter’s Record - If appellant decides to include a reporter’s record as part of the
`appellate record, a request in writing to the court reporter must be made. See Tex. R.
`App. P. 34.6(b). The request to the court reporter must designate the portions of the
`proceedings to be included in the record including any exhibits. Appellant must also file
`a copy of the request with the trial-court clerk. See Tex. R. App. P.34.6. If a reporter’s
`record is not filed, the Court may decide the 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).
`
`FILE COPY
`
`

`

`Appellant is required to file a brief no later than 30 days (20 days in an accelerated appeal)
`after the filing of the Clerk’s Record or Reporter’s Record, whichever occurs later. See Tex. R. App.
`P. 38.6(a). More information about the court’s practices are available on the Court’s website at
`http://www.txcourts.gov/3rdcoa/practice-before-the-court/. Please note, Texas Rules of Appellate
`Procedure 9.6 requires that parties and counsel communicate with the appellate court about a case
`only through the clerk of the court.
`
`Very truly yours,
`
`JEFFREY D. KYLE, CLERK
`
`BY: Courtland Crocker
` Courtland Crocker, Deputy Clerk
`
`cc:
`
`The Honorable Dyana Limon-Mercado
`
`Ms. Leah Hayes
`
`FILE COPY
`
`