578 S.W.2d 529 | Tex. App. | 1979
Appellants, E. W. Capíes and wife, in their amended motion for additional time to file a statement of facts, have set forth a reasonable explanation of their need for such extension in accordance with rule 21c Tex.R.Civ.P. and that motion is hereby granted.
However, our decision is not to be taken as condoning the conduct of the court reporter who requires full payment of the costs of preparing the statement of facts prior to beginning transcription and who states in affidavit that “[t]his is a policy, as a result of past experience, I rigidly adhere to.” On the contrary, we expressly disapprove of this policy and point out that the rules already require appellants to post bond or cash sufficient to cover all the costs which have accrued in the trial court and the costs of the statement of facts and transcript. Tex.R.Civ.P. 354. Further, both rules 354 and 365 provide for additional bond to be given if it is determined that the original amount was insufficient.
Motion granted.