Kwang Myers, Individually and as Representative of the Estate of Donald Myers v. Khoa Do, M.D., and American Anesthesiology of Texas, Inc
This text of Kwang Myers, Individually and as Representative of the Estate of Donald Myers v. Khoa Do, M.D., and American Anesthesiology of Texas, Inc (Kwang Myers, Individually and as Representative of the Estate of Donald Myers v. Khoa Do, M.D., and American Anesthesiology of Texas, Inc) 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. 03-24-00014-CV
Kwang Myers, Individually and as Representative of the Estate of Donald Myers, Appellant
v.
Khoa Do, M.D., and American Anesthesiology of Texas, Inc., Appellees
FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-19-002767, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on February 2, 2024.
On March 4, 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 March 14, 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.
__________________________________________ Edward Smith, Justice
Before Chief Justice Byrne, Justices Smith and Theofanis
Dismissed for Want of Prosecution
Filed: June 28, 2024
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