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Fulton v. Townsend

Court of Appeals of Texas, Third District, Austin
Jul 12, 2024
No. 03-24-00304-CV (Tex. App. Jul. 12, 2024)

Opinion

03-24-00304-CV

07-12-2024

Anthony Fulton, Appellant v. Christopher Townsend and Kristi Townsend, Appellees


FROM THE 478TH DISTRICT COURT OF BELL COUNTY NO. 24DFAM344958, THE HONORABLE WADE NICHOLAS FAULKNER, JUDGE PRESIDING

Before Byrne Chief Justice, Triana and Kelly Justices.

MEMORANDUM OPINION

Chari L. Kelly, Justice.

The clerk's record in this appeal was due for filing in this Court on June 6, 2024. On June 21, 2024, 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 July 1, 2024. 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 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.

Dismissed for Want of Prosecution.


Summaries of

Fulton v. Townsend

Court of Appeals of Texas, Third District, Austin
Jul 12, 2024
No. 03-24-00304-CV (Tex. App. Jul. 12, 2024)
Case details for

Fulton v. Townsend

Case Details

Full title:Anthony Fulton, Appellant v. Christopher Townsend and Kristi Townsend…

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

Date published: Jul 12, 2024

Citations

No. 03-24-00304-CV (Tex. App. Jul. 12, 2024)