O'Brien v. O'Brien

Full title: Richard David O'Brien, Appellant v. Jennifer O'Brien, Appellee

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

Date published: Apr 25, 2008

No. 03-07-00657-CV (Tex. App. Apr. 25, 2008)

Opinion

No. 03-07-00657-CV

Filed: April 25, 2008.

Appealed from County Court at Law No. 1 of Williamson County No. 05-1148-FC1, Honorable Suzanne Brooks, Judge Presiding.

Dismissed for Want of Prosecution.

Before Justices PATTERSON, PURYEAR and HENSON.

MEMORANDUM OPINION

DIANE HENSON, Justice.

Richard David O'Brien perfected an appeal from a judgment entered by the County Court at Law No. 1 of Williamson County. The clerk's record was due on February 25, 2008. 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).

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.