Dyanne Stengel v. Cheryl Durant Barnes

• Court: Court of Appeals of Texas
• Decided: January 31, 2023
• Docket: 03-22-00499-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-22-00499-CV

Dyanne Stengel, Appellant

v.

Cheryl Durant Barnes, Appellee

FROM THE COUNTY COURT OF LLANO COUNTY NO. 03028, THE HONORABLE RON CUNNINGHAM, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on

October 3, 2022. On October 11, 2022, we notified appellant that no clerk’s record had been

filed due to her 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 October 21, 2022. Further, the notice advised

appellant that her 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 she 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, Kelly, and Smith

Dismissed for Want of Prosecution

Filed: January 31, 2023