Charles B. Moody v. Holly Jean Paxton

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