JoAnn Soto v. Creekside Village Residential Community, Inc.

• Court: Court of Appeals of Texas
• Decided: July 3, 2024
• Docket: 03-24-00255-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00255-CV

JoAnn Soto, Appellant

v.

Creekside Village Residential Community, Inc., Appellee

FROM THE 207TH DISTRICT COURT OF HAYS COUNTY NO. 21-1604, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on May 28, 2024.

On May 29, 2024, 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 June 10, 2024. 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.

__________________________________________ Thomas J. Baker, Justice

Before Justices Baker, Smith, and Theofanis

Dismissed for Want of Prosecution

Filed: July 3, 2024