Kimberly Anaipakos v. Demetrios Anaipakos

• Court: Court of Appeals of Texas
• Decided: March 18, 2025
• Docket: 01-24-00557-CV
• Status: Published

Opinion

Opinion issued March 18, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00557-CV ——————————— KIMBERLY ANAIPAKOS, Appellant/Cross-Appellee V. DEMETRIOS ANAIPAKOS, Appellee/Cross-Appellant

On Appeal from the 247th District Court Harris County, Texas Trial Court Case No. 2021-74403

MEMORANDUM ORDER

On July 24, 2024, Appellant/Cross-Appellee Kimberly Anaipakos filed a

Notice of Appeal from the trial court’s Amended Final Decree of Divorce dated June

13, 2024. On August 5, 2024, Appellee/ Cross-Appellant Demetrios Anaipakos filed a Notice of Cross-Appeal.

The clerk’s record was due to be filed by August 12, 2024.1

On August 16, 2024, the trial court clerk filed an Information Sheet stating

Appellant/Cross-Appellee had been notified that the clerk’s record was ready but

had made no payment arrangements. We notified Appellant/Cross-Appellee on two

occasions 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(a)(1), (b). Appellant/Cross-Appellee

did not respond, and the clerk’s record was not filed.

On February 13, 2025, this Court dismissed Appellant/Cross-Appellee’s

appeal for want of prosecution. In the same order, we explained it was now

Appellee/Cross-Appellant’s burden to request and pay for the clerk’s record. We

also issued a separate order, directing Appellee/Cross-Appellant that his cross-

appeal could be dismissed for want of prosecution if the clerk’s record was not filed.

We directed Appellee/Cross-Appellant to file a response by February 21, 2025,

providing evidence from the trial court that he had paid or made arrangements to pay

the fee for preparing the clerk’s record. See TEX. R. APP. P. 37.3(b). After being

notified that this cross-appeal was subject to dismissal, Appellee/Cross-Appellant

did not file a response demonstrating payment of the fee for the clerk’s record and a

clerk’s record has not been filed.

1 The reporter’s record was filed on October 16, 2024. 2 We dismiss Appellee/Cross-Appellant Demetrios Anaipakos’ cross-appeal

for want of prosecution. See TEX. R. APP. P. 42.3(b) (allowing involuntary dismissal

of appeal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case

for failure to comply with notice from Clerk of Court), 43.2(f) (allowing dismissal

of appeal). Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Rivas-Molloy, Johnson, and Morgan.