John Mason Hughes v. Michael Twiehaus, Maria Twiehaus, and Twiehaus Irrevocable Living Trust
This text of John Mason Hughes v. Michael Twiehaus, Maria Twiehaus, and Twiehaus Irrevocable Living Trust (John Mason Hughes v. Michael Twiehaus, Maria Twiehaus, and Twiehaus Irrevocable Living Trust) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00206-CV
John Mason Hughes, Appellant
v.
Michael Twiehaus, Maria Twiehaus, and Twiehaus Irrevocable Living Trust, Appellees
FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-16-011428, THE HONORABLE ERIC SHEPPERD, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on March 13,
2018. On May 14, 2018, we notified appellant that no clerk’s record had been filed due to his
failure to pay or make arrangements to pay the trial-court 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 May 24, 2018. Further, the notice advised appellant that
his 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 he 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.
_________________________________________________ Jeff Rose, Chief Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed for Want of Prosecution
Filed: July 31, 2018
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