TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-20-00403-CV

Monica Weatherly, Appellant v. Demetrius Lincoln, Appellee

FROM THE 423RD DISTRICT COURT OF BASTROP COUNTY NO. 423-2204, THE HONORABLE CHRISTOPHER DARROW DUGGAN, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on November 5, 2020. On November 4, 2020, we notified appellant that the Court had received notice that no payment, or arrangements for payment, had been made for the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellant make arrangements for the clerk’s record and submit a status report regarding this appeal by November 16. Further, the notice advised appellant that her failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, appellant has not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has not been filed. This Court had also received notice that no request for the reporter’s record has been made.

If a trial-court clerk fails to file the clerk’s record due to an appellant’s failure to pay or make arrangements to pay for the clerk’s fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellant has not established that she is entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution.

__________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Baker and Smith Dismissed for Want of Prosecution Filed: February 3, 2021