LaKayla Smith v. Maurice Dwight Wise ( 2016 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00681-CV LaKayla Smith, Appellant v. Maurice Dwight Wise, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 210,173-A, HONORABLE JOHN GAUNTT, JUDGE PRESIDING MEMORANDUM OPINION Appellant LaKayla Smith’s notice of appeal was filed in this Court on October 29, 2015. That day, we notified her that she was required to make a written request and arrangements to pay for the clerk’s record and the reporter’s record within ten days from her receipt of our letter. The clerk’s record from the trial court was due to be filed in this Court on November 16, 2015. On November 30, this Court notified Smith that no clerk’s record had been filed due to her failure to pay or make arrangements to pay the fee for preparing the clerk’s record. The Court’s notice requested that Smith make arrangements for the clerk’s record and submit a status report regarding this appeal by December 10. In addition, the notice informed Smith that her appeal was subject to dismissal if she did not comply with our instructions. To date, Smith has not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has not been filed. If the trial court’s clerk fails to file the clerk’s record due to 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, Smith has not established that she is entitled to proceed without payment of costs, see Tex. R. App. P. 20.1 (providing procedure for establishing indigence on appeal), and she has failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record. We therefore dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). __________________________________________ Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Prosecution Filed: January 26, 2016 2