Karen Hunsberger Moore v. Alan Boyd Moore

• Court: Court of Appeals of Texas
• Decided: October 16, 1991
• Docket: 03-91-00240-CV
• Status: Published

Opinion

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN



NO. 3-91-240-CV

KAREN HUNSBERGER MOORE,

APPELLANT

vs.

ALAN BOYD MOORE,

APPELLEE

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. 475,712, HONORABLE F. SCOTT MCCOWN, JUDGE

PER CURIAM

Appellant Karen Hunsberger Moore seeks to appeal from a nunc pro tunc decree of divorce rendered by the district court of Travis County. We will dismiss the appeal for want of prosecution.

The district court rendered a decree of divorce on February 26, 1991, and a nunc pro tunc order on April 5, 1991. Because she filed a timely motion for new trial after entry of the second order, Tex. R. App. P. Ann. 41(a) (Pamph. 1991) required Moore to perfect her appeal no later than July 5, 1991. On June 12, 1991, she filed, in this Court, a motion for extension of time to file affidavit of inability to pay, ⁽¹⁾ and, in the district court, her affidavit of inability to pay. This Court granted the motion.

The record was due to be filed in this cause on or before August 5, 1991. Tex. R. App. P. Ann. 54(a) (Pamph. 1991). A motion for extension of time to file the record was due fifteen days later. Tex. R. App. P. Ann. 54(c) (Pamph. 1991); see Forest Lane Porsche-Audi Assoc. v. Defries, 730 S.W.2d 80, 82 (Tex. App. 1987, no writ); see also B. D. Click Co. v. Safari Drilling Corp., 638 S.W.2d 860, 862 (Tex. 1982). To date, Moore has filed neither the record nor a motion reasonably explaining the need for an extension.

This Court may dismiss an appeal for failure to file the record within the designated time. Rule 54(a). Because Moore has not filed a record in this cause, we dismiss the appeal for want of prosecution.

[Before Chief Justice Carroll, Justices Aboussie and Kidd]

Dismissed for Want of Prosecution

Filed: October 16, 1991

[Do Not Publish]

1. ¹ Moore appears pro se. She requested additional time in which to perfect an appeal because she was unsure whether the time began with rendition of the original order in February or the second order in April.