Opinion
NO. 03-15-00734-CV
01-29-2016
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 353RD JUDICIAL DISTRICT
NO. D-1-GN-15-001786, HONORABLE TIM SULAK, JUDGE PRESIDINGMEMORANDUM OPINION
The clerk's record in this appeal was due for filing in this Court on November 30, 2015. The Clerk of this Court subsequently notified the appellants that the clerk's record had not been filed due to their failure to pay or make arrangements to pay the district court clerk's fees for preparing the clerk's record. The notice requested that the appellants make arrangements for the clerk's record and submit a status report regarding this appeal by December 14, 2015. Further, the notice advised the appellants that their failure to comply with this request could result in the dismissal of this appeal for want of prosecution. To date, the appellants have not filed a status report or otherwise responded to this Court's notice, and the clerk's record has not been filed.
If the trial court clerk fails to file the clerk's record due to the appellants' 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 appellants were entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, the appellants have not established that they are entitled to proceed without payment of costs. See Tex. R. App. P. 20.1 (providing procedure for establishing indigence on appeal). Because the appellants have 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. See Tex. R. App. P. 42.3(b).
/s/_________
Scott K. Field, Justice Before Justices Puryear, Goodwin, and Field Dismissed for Want of Prosecution Filed: January 29, 2016