Mark D. McGillvray and J. D. Robertson, Trustee v. Bank of America, N.A., as Mortgage Servicer Bank of America, N.A., as Mortgagee McCarthy Holthus Texas, LLP
This text of Mark D. McGillvray and J. D. Robertson, Trustee v. Bank of America, N.A., as Mortgage Servicer Bank of America, N.A., as Mortgagee McCarthy Holthus Texas, LLP (Mark D. McGillvray and J. D. Robertson, Trustee v. Bank of America, N.A., as Mortgage Servicer Bank of America, N.A., as Mortgagee McCarthy Holthus Texas, LLP) 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. 03-18-00647-CV
Mark D. McGillvray and J. D. Robertson, Trustee, Appellants
v.
Bank of America, N.A., as Mortgage Servicer; Bank Of America, N.A., as Mortgagee; McCarthy Holthus Texas, LLP, Appellees
FROM THE 459TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-18-005961, THE HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on December 3,
2018. On March 21, 2019, we notified appellant that no clerk’s record had been filed due to his
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 April 1, 2019. 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 arrange 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.
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Triana
Dismissed for Want of Prosecution
Filed: May 24, 2019
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Mark D. McGillvray and J. D. Robertson, Trustee v. Bank of America, N.A., as Mortgage Servicer Bank of America, N.A., as Mortgagee McCarthy Holthus Texas, LLP, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-d-mcgillvray-and-j-d-robertson-trustee-v-bank-of-america-na-texapp-2019.