Christopher David De La Cruz v. Bella Tovar ( 2023 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-23-00055-CV
Christopher David De La Cruz, Appellant
v.
Bella Tovar, Appellee
FROM THE 200TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-FM-22-002478, THE HONORABLE GARY HARGER, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on
October 24, 2022. On February 21, 2023, we notified appellant that no clerk’s record had been
filed due to his failure to pay or make arrangements to pay 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 February 27, 2023. Further, the notice advised
appellant that his 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.
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 he 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.
__________________________________________
Edward Smith, Justice
Before Justices Baker, Smith, and Jones*
Dismissed for Want of Prosecution
Filed: May 11, 2023
*Before J. Woodfin Jones, Chief Justice (Retired), Third Court of Appeals, sitting by
assignment. See Tex. Gov’t Code § 74.003(b).
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