Summary
In Red v. Bounds, 122 Tex. 614, 63 S.W.2d 544, the commission in an adopted opinion held that if the period of time for filing the transcript was allowed to expire without a motion to extend the time being filed, the right of affirmance on certificate became absolute.
Summary of this case from Buckalew v. FancherOpinion
No. 05-05-01208-CV
Opinion Filed February 28, 2006.
On Appeal from the County Court at Law No. 5, Dallas County, Texas, Trial Court Cause No. cc-05-05232-E.
Dismissed.
Before Chief Justice THOMAS and Justices LANG and MAZZANT.
MEMORANDUM OPINION
On August 23, 2005, Betty Bounds filed her notice of appeal. This Court received a copy of the notice of appeal on September 1. On that date, we notified appellant that the docketing statement was due and directed her to file one within ten days. We warned appellant that if she failed to comply, the appeal could be dismissed. Appellant did not respond.
On November 2, 2005, we notified the Dallas County clerk and the court reporter that the record was overdue. We directed each to file the record within thirty days. On November 10, the county clerk notified this Court that the clerk's record had been prepared on October 7 and would be delivered once the $33 fee was paid. That day, we directed appellant by letter to file, within ten days, written verification that he had paid or made arrangements to pay the clerk's fee or written documentation that he was entitled to proceed with payment of costs. We warned appellant that if we did not receive the required documentation within the time allowed, the appeal could be dismissed for want of prosecution. Again, appellant did not respond.
On November 22, we received notice from the court reporter stating that no one had requested or paid for a reporter's record in this appeal.
If the trial court clerk fails to file the clerk's record because an appellant failed to pay or make arrangements to pay the clerk's fee for preparing the record, an 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).
Here, appellant has not paid or made arrangements to pay for the clerk's record nor has she provided proof that she is entitled to proceed without payment of costs. Additionally, despite our directive to provide a docketing statement, appellant did not file a docketing statement. In fact, appellant has not communicated with this Court since she perfected her appeal. Accordingly, on our own motion, we DISMISS the appeal for want of prosecution. See Tex.R.App.P. 37.3(b), 42.3(b).