James F. McKinnon v. Judge Stephen B. Ables

NUMBER 13-20-00475-CV COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________ JAMES F. MCKINNON, Appellant, v.

JUDGE STEPHEN B. ABLES, Appellee. ____________________________________________________________

On appeal from the 216th District Court of Gillespie County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Silva Memorandum Opinion by Justice Benavides

This cause is before the Court on its own motion.1 On January 25, 2021, the Clerk of this Court notified appellant that the clerk’s record was past due. Appellant was further advised that unless proof of arrangements to pay for the clerk’s record were provided to this Court within ten days, the appeal was subject to dismissal. See TEX. R. APP. P. 37.3(b).

On February 2, 2021, appellant filed an unrelated correspondence which neither addresses his failure pay for the clerk’s record nor addresses the court’s notice. On March 3, 2021, the trial court clerk informed the clerk of this court that appellant has not made payment arrangements nor made a deposit for the clerk’s record. Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b), (c).

GINA M. BENAVIDES Justice

Delivered and filed on the 11th day of March, 2021.