in the Estate of Ellick Franklin McCann

• Court: Court of Appeals of Texas
• Decided: May 3, 2021
• Docket: 05-21-00159-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 3, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00159-CV

IN THE ESTATE OF ELLICK FRANKLIN MCCANN, DECEASED

On Appeal from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-19-00642-1

MEMORANDUM OPINION Before Justices Myers, Partida-Kipness, and Garcia Opinion by Justice Partida-Kipness Before the Court is appellee’s March 30, 2021 motion to dismiss this appeal.

A review of this appeal shows that, on January 14, 2021, appellant filed her notice

of appeal. When the clerk’s record was not filed, we notified Dallas County Clerk

John Warren by postcard dated March 12, 2021 and instructed him to file the clerk’s

record within thirty days. On April 5, 2021, the clerk’s office responded by letter

informing the Court that appellant had not requested the record and had not paid or

made arrangements to pay for the clerk’s record.

We then sent appellant a letter, dated April 6, 2021, directing her to provide

the Court, within ten days, with written verification she had paid or made arrangements to pay for the clerk’s record or written documentation that she had

been found entitled to proceed without payment of costs. TEX. R. APP. P. 35.3(a).

We cautioned appellant that the failure to provide the required documentation within

the time stated might result in the appeal being dismissed for want of prosecution.

See TEX. R. APP. P. 9.2(b)(1), 37.3(b). To date, appellant has not responded to this

Court’s directives, the clerk’s record has not been filed, and appellant has not

otherwise communicated with the Court.

Given these circumstances, we grant appellee’s motion and dismiss the appeal

for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

210159F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE ESTATE OF ELLICK On Appeal from the Probate Court FRANKLIN MCCANN, No. 1, Dallas County, Texas DECEASED Trial Court Cause No. PR-19-00642- 1. No. 05-21-00159-CV V. Opinion delivered by Justice Partida- Kipness. Justices Myers and Garcia participating.

In accordance with this Court’s opinion of this date, we DISMISS this appeal for want of prosecution.

We ORDER that appellee James Robert McCann recover his costs, if any, of this appeal from appellant Delores Yolanda Botello a/k/a Yolanda Delores Botello.

Judgment entered May 3, 2021.

–3–