Queen Graphics & Printworks Inc. v. Eric Guerra D/B/A Lonestar Mailing Solutions

• Court: Court of Appeals of Texas
• Decided: October 13, 2023
• Docket: 03-23-00409-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00409-CV

Queen Graphics & Printworks Inc., Appellant

v.

Eric Guerra d/b/a Lonestar Mailing Solutions, Appellee

FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY NO. C-1-CV-20-002888, THE HONORABLE TODD T. WONG, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on April 18,

2023. On September 18, 2023, we notified appellant that no clerk’s record had been filed due to

its 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 September 28, 2023. Further, the notice advised

appellant that its 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 it 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.

__________________________________________ Chari L. Kelly, Justice

Before Chief Justice Byrne, Justices Kelly and Theofanis

Dismissed for Want of Prosecution

Filed: October 13, 2023