Opinion
03-21-00507-CV
03-22-2022
Nicolas Moyer, Appellant v. Homeowners' Association for Deer Creek Ranch, Inc., Appellee
FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-16-002318, THE HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING
Before Justices Goodwin, Baker and Triana
MEMORANDUM OPINION
MELISSA GOODWIN, JUSTICE
The clerk's record in this appeal was due for filing in this Court on December 15, 2021. On December 20, 2021, we notified appellant that no clerk's record had been filed due to his 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 December 30, 2021. Further, the notice advised appellant that his 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 he 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.