Alice Lawson v. Ernest Boyd Collins and Ella Elizabeth Collins ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00652-CV
Alice Lawson, Appellant
v.
Ernest Boyd Collins and Ella Elizabeth Collins, Appellees
FROM PROBATE COURT NO. 1 OF TRAVIS COUNTY
NO. C-1-PB-14-002129, HONORABLE STEPHEN ABLES, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on October 4, 2018.
The Clerk of this Court subsequently notified the appellant that the clerk’s record had not been filed
due to her failure to pay or make arrangements to pay the district court clerk’s fees for preparing
the clerk’s record. The notice requested that the appellant make arrangements for the clerk’s record
and submit a status report regarding this appeal by January 14, 2019. Further, the notice advised
the appellant that her failure to comply with this request could result in the dismissal of this appeal
for want of prosecution. To date, the clerk’s record has not been filed, and appellant’s counsel has
informed this Court by letter that the appellant no longer wishes to pursue this appeal.
If the trial court clerk fails to file the clerk’s record due to the 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, the appellant has not established that she
is entitled to proceed without payment of costs. See id. R. 20.1 (providing procedure for establishing
indigence on appeal). Because the 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. See id.
R. 42.3(b).
__________________________________________
Chari L. Kelly, Justice
Before Chief Justice Rose, Justices Kelly and Smith
Dismissed for Want of Prosecution
Filed: January 18, 2019
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