Billy Wayne Duffie, Jr. v. Taylor M. Days
This text of Billy Wayne Duffie, Jr. v. Taylor M. Days (Billy Wayne Duffie, Jr. v. Taylor M. Days) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00057-CV
Billy Wayne Duffie, Jr., Appellant
v.
Taylor M. Days, Appellee
FROM THE 169TH DISTRICT COURT OF BELL COUNTY NO. 21DFAM328489, THE HONORABLE CARI L. STARRITT-BURNETT, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on March 21,
2022. On April 18, 2022, 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 April 28, 2022. 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. On April 21, 2022, appellant requested more time to file. On May 23, 2022, we
sent a second notice 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 second notice
requested that appellant make arrangements for the clerk’s record and submit a status report regarding this appeal by June 2, 2022. 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.
__________________________________________ Gisela D. Triana, Justice
Before Justices Goodwin, Baker, and Triana
Dismissed for Want of Prosecution
Filed: June 24, 2022
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