Dr. Kelly Isbell v. Jeanne Russell, Mission Street Consulting LLC, Kate Rogers, Melissa Alcala, and San Antonio Independent School District

• Court: Court of Appeals of Texas
• Decided: January 16, 2019
• Docket: 04-18-00888-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00888-CV

Dr. Kelly ISBELL, Appellant

v.

Jeanne RUSSELL, Mission Street Consulting LLC, Kate Rogers, Melissa Alcala, and San Antonio Independent School District, Appellees

From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2017CI14512 The Honorable Renée A. Yanta, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Liza A. Rodriguez, Justice

Delivered and Filed: January 16, 2019

DISMISSED FOR WANT OF PROSECUTION

On December 4, 2018, the trial court clerk filed a notification of late clerk’s record, stating

that the appellant had failed to pay or make arrangements to pay the fee for preparing the clerk’s

record. We therefore ordered appellant to provide written proof to this court by December 17, 2018

that either (1) the trial court clerk’s fee for preparing the record had been paid or arrangements had

been made to pay the clerk’s fee; or (2) appellant was entitled to appeal without paying the clerk’s

fee. We explained that if appellant failed to respond within the time provided, this appeal would

be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal 04-18-00888-CV

for want of prosecution if clerk’s record is not filed due to appellant’s fault); see also TEX. R. APP.

P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of this court).

Appellant failed to respond to our order. Therefore, this appeal is dismissed for want of

prosecution. See TEX. R. APP. P. 37.3(b); see also TEX. R. APP. P. 42.3(c).

-2-