In Re Estate of Audrey Banks v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 28, 2025
• Docket: 01-25-00159-CV
• Status: Published

Opinion

Opinion issued August 28, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00159-CV ——————————— IN RE ESTATE OF AUDREY BANKS, DECEASED

On Appeal from Probate Court No. 1 Harris County, Texas Trial Court Case No. 470699

MEMORANDUM OPINION

Appellant Alma Banks Brown, proceeding pro se, filed a notice of appeal,

challenging the trial court’s Order for Turnover of Estate Property. The clerk’s

record was due on June 20, 2025.

On July 22, 2025, the trial court clerk filed an Information Sheet stating that

Appellant had not made payment arrangements for the clerk’s record. The trial court

clerk also noted that, on July 18, 2025, Appellant “stated that she would be in [the] office the following Monday to pay for [the record,] but she did not.” The clerk also

noted that Appellant came to the office “but only to file another notice of appeal and

not to pay for the current record.”

That same day (July 22), we notified Appellant that her appeal could be

dismissed for want of prosecution if the clerk’s record was not filed. See TEX. R.

APP. P. 37.3(b). We directed Appellant to submit written evidence from the trial

court clerk by August 21, 2025, reflecting payment of the fee for preparing the

clerk’s record or arrangements to pay the fee. See id.

Appellant has not adequately responded to this Court’s notice and to date, the

clerk’s record has not been filed. Accordingly, we dismiss the appeal for want of

prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b)–(c). We dismiss any other pending

motions as moot.

PER CURIAM

Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.