Kit Fankhauser v. Gateway McKenzie, LLC D/B/A the Kenzie at the Domain
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Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00003-CV
Kit Fankhauser, Appellant
v.
Gateway McKenzie, LLC d/b/a The Kenzie at The Domain, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-15-009345, HONORABLE ERIC SHEPPARD, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on March 4, 2016.
On March 28, we notified appellant that no clerk’s record had been filed due to his failure to pay or
make arrangements to pay the district 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 April 7. 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 the 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. App. P. 20.1 (providing procedure for
establishing indigence on appeal). 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.
Tex. R. App. P. 42.3(b).
__________________________________________
David Puryear, Justice
Before Justices Puryear, Goodwin, and Field
Dismissed for Want of Prosecution
Filed: May 13, 2016
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