Opinion
03-23-00429-CV
01-19-2024
Joey Jerome Key, Appellant v. Angela Denise Key, Appellee
FROM THE 264TH DISTRICT COURT OF BELL COUNTY NO. 23DFAM338016, THE HONORABLE WADE NICHOLAS FAULKNER, JUDGE PRESIDING
Before Byrne Chief Justice, Smith and Theofanis Justices.
MEMORANDUM OPINION
Edward Smith, Justice.
The clerk's record in this appeal was due for filing in this Court on September 28, 2023. On October 3, 2023, we notified Appellant Joey Key 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 Joey make arrangements for the clerk's record and submit a status report regarding this appeal by October 13, 2023. Further, the notice advised Joey that his failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, Joey 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, Joey has not established that he is entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because Joey 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.