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Gordon v. Gordon

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 2, 2017
NO. 03-17-00113-CV (Tex. App. Jun. 2, 2017)

Opinion

NO. 03-17-00113-CV

06-02-2017

Jason Gordon, Appellant v. Amanda Gordon, Appellee


FROM COUNTY COURT AT LAW NO. 3 OF WILLIAMSON COUNTY
NO. 16-0010-FC3 , HONORABLE MICKEY RAY PENNINGTON, JUDGE PRESIDING MEMORANDUM OPINION

Appellant Jason Gordon filed his notice of appeal on February 16, 2017. We notified him that he was required to make a written request and arrangements to pay for the clerk's record and the reporter's record within ten days from his receipt of our letter. The clerk's record and the reporter's record from the trial court were due to be filed in this Court on March 20.

On April 5, this Court notified appellant that no clerk's record had been filed due to his failure to pay or make arrangements to pay the fee for preparing the clerk's record. The Court's notice requested that appellant make arrangements for the clerk's record (and for the reporter's record if he had not already done so) and submit a status report regarding this appeal by April 17. In addition, the notice informed appellant that his appeal was subject to dismissal if he did not comply with our instructions. To date, appellant has not filed a status report or otherwise responded to this Court's notice, and the clerk's record and reporter's record have not been filed.

If the trial court's clerk fails to file the clerk's record due to 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. App. P. 20.1 (providing procedure for establishing inability to pay court costs on appeal), Tex. R. Civ. P. 145 (providing procedure in trial court for determining party's claim of indigence), and he has failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record. We therefore dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

/s/_________

Cindy Olson Bourland, Justice Before Chief Justice Rose, Justices Field and Bourland Dismissed for Want of Prosecution Filed: June 2, 2017


Summaries of

Gordon v. Gordon

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 2, 2017
NO. 03-17-00113-CV (Tex. App. Jun. 2, 2017)
Case details for

Gordon v. Gordon

Case Details

Full title:Jason Gordon, Appellant v. Amanda Gordon, Appellee

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

Date published: Jun 2, 2017

Citations

NO. 03-17-00113-CV (Tex. App. Jun. 2, 2017)