Morris Dwayne Debrow v. Tiffany Lashaw Debrow

• Court: Court of Appeals of Texas
• Decided: October 18, 2023
• Docket: 04-23-00726-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00726-CV

Morris Dwayne DEBROW, Appellant

v.

Tiffany Lashaw DEBROW, Appellee

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CI-21524 Honorable Tina Torres, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: October 18, 2023

DISMISSED FOR WANT OF PROSECUTION

On August 25, 2023, the trial court clerk filed a notification of late record, stating that the

appellant had failed to pay the fee for preparing the clerk’s record. On September 18, 2023, we

ordered appellant to provide written proof to this court within ten days that either (1) the clerk’s

fee had been paid or arrangements had been made to pay the clerk’s fee; or (2) appellant was

entitled to appeal without paying the clerk’s fee. We warned that if appellant failed to respond,

this appeal would be dismissed for want of prosecution. Appellant failed to respond. We, therefore,

dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b) (allowing appellate courts 04-23-00726-CV

to dismiss an appeal for want of prosecution when an appellant fails to pay or make arrangements

to pay the fee for preparing the clerk’s record); see also TEX. R. APP. P. 42.3(c) (allowing appellate

courts to dismiss an appeal when an appellant fails to comply with a court order).

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