Evans v. Bank of Am.

Full title: Duane G. Evans, Jr., Appellant v. Bank of America, Appellee

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Feb 10, 2016

NO. 03-15-00812-CV (Tex. App. Feb. 10, 2016)

Opinion

NO. 03-15-00812-CV

02-10-2016

Duane G. Evans, Jr., Appellant v. Bank of America, Appellee

Bob Pemberton, Justice

FROM THE COUNTY COURT AT LAW OF BASTROP COUNTY
NO. 15-17268, HONORABLE BENTON ESKEW, JUDGE PRESIDINGMEMORANDUM OPINION

This is an appeal from a judgment awarding possession in a forcible detainer case. The clerk's record in this cause was due in this Court on January 8, 2016, but no record was filed. We received notice from the Bastrop County district clerk's office on January 12, 2016, that appellant has neither paid nor made arrangement for payment of the record. Nor has appellant filed an affidavit of indigence.¹

1 See Tex. R. App. P. 20.1(2).

Under these circumstances, this Court may dismiss the appeal for want of prosecution.² On January 14, 2016, we sent notice to appellant that the clerk's record was overdue and that the appeal may be dismissed for want of prosecution if appellant did not make payment arrangements for the record and submit a status report to this Court on or before January 25, 2016. To date, appellant has not responded, and the clerk's record has not been filed.³ Accordingly, we dismiss the appeal for want of prosecution.⁴

2 See id. R. 37.3(b).

3 However, the district clerk's office did represent to this Court that counsel for appellant has advised it that appellant does not intend to pursue the appeal.

4 See id. R. 37.3(b), 42.3(b), (c). --------

/s/_________

Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Prosecution Filed: February 10, 2016