Bernard v. State

Full title: Appellant, Brian Bernard// Cross-Appellant, The State of Texas v…

Court: Court of Appeals of Texas, Third District, Austin

Date published: Jan 16, 2008

No. 03-07-00316-CV (Tex. App. Jan. 16, 2008)

Opinion

No. 03-07-00316-CV

Filed: January 16, 2008.

Appealed from the Court at Law No. 5 of Travis County, No. C-1-CV-06-093045, Honorable J. David Phillips, Judge Presiding.

Dismissed for Want of Prosecution.

Before Chief Justice LAW, Justices WALDROP and HENSON.

MEMORANDUM OPINION

DIANE HENSON, Justice.

Brian Bernard perfected an appeal from a judgment entered by the County Court at Law No. 5 of Travis County. No clerk's record has been filed due to appellant's failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record.

If the trial court fails to file the clerk's record due to appellant's failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's 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).

By telephone call on December 12, 2007, Bernard notified this Court that the parties no longer desire to pursue this appeal. The parties filed a joint motion to dismiss the appeal on December 17, 2007. That motion cannot be granted at this time because the filing fee was not paid.

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.