William R. Leake v. Erica C. Leake

• Court: Court of Appeals of Texas
• Decided: October 28, 2020
• Docket: 08-20-00151-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ No. 08-20-00151-CV WILLIAM R. LEAKE, § Appeal from the Appellant, § County Court at Law No. 3 v. § of Travis County, Texas 1 ERICA C. LEAKE, § (TC# D-1-FM-19-005745) Appellee. §

§

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be

dismissed for want of prosecution. Finding that the clerk’s record has not been filed because

Appellant William R. Leake has failed to make financial arrangements to pay for the clerk’s record,

we dismiss the appeal for want of prosecution.

The Travis County District Clerk notified the Court that Appellant has not made financial

arrangements to pay for preparation of the clerk’s record as required by TEX.R.APP.P. 35.3(a)(2).

On September 25, 2020, the Clerk of this Court notified Appellant that the Court intended to

dismiss the appeal for want of prosecution unless Appellant responded within ten days and showed

1 We hear this case on transfer from the Third Court of Appeals. See TEX.R.APP.P. 41.3. grounds for continuing the appeal. See TEX.R.APP.P. 37.3(b). As of this date, Appellant has not

filed any response establishing that he is entitled to appeal without paying for the clerk’s record or

that he has made arrangements to pay for preparation of the clerk’s record.

We conclude that the clerk’s record has not been filed due to the fault of the Appellant.

Accordingly, we dismiss the appeal for want of prosecution. See TEX.R.APP.P. 37.3(b), 42.3(b),

(c).

October 28, 2020 YVONNE T. RODRIGUEZ, Justice

Before Alley, C.J., Rodriguez, and Palafox, JJ.