Charles B. Moody v. Holly Jean Paxton
This text of Charles B. Moody v. Holly Jean Paxton (Charles B. Moody v. Holly Jean Paxton) 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. 03-25-00238-CV
Charles B. Moody, Appellant
v.
Holly Jean Paxton, Appellee
FROM THE COUNTY COURT AT LAW OF BURNET COUNTY NO. 38575, THE HONORABLE CODY HENSON, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on April 25, 2025.
On April 28, 2025, 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 May 8, 2025. 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
May 8, 2025, appellant filed a docketing statement in which he represented that he had not
requested a clerk’s record but that he would do so. However, to date, he has not filed a status
report in response 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.
__________________________________________ Rosa Lopez Theofanis, Justice
Before Justices Triana, Theofanis and Crump
Dismissed for Want of Prosecution
Filed: May 28, 2025
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