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Winkelmann v. Okere

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Oct 13, 2020
NO. 03-20-00348-CV (Tex. App. Oct. 13, 2020)

Opinion

NO. 03-20-00348-CV

10-13-2020

Robert James Utley Winkelmann, Appellant v. Antoinette A. Okere, Appellee


FROM THE 419TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-FM-09-001965 , THE HONORABLE MARY ANN MORTON, JUDGE PRESIDING MEMORANDUM OPINION

The clerk's record in this appeal was due for filing in this Court on August 3, 2020. On August 25, 2020, 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 September 4, 2020. 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 is 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.

/s/_________

Gisela D. Triana, Justice Before Justices Goodwin, Triana, and Smith Dismissed for Want of Prosecution Filed: October 13, 2020


Summaries of

Winkelmann v. Okere

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Oct 13, 2020
NO. 03-20-00348-CV (Tex. App. Oct. 13, 2020)
Case details for

Winkelmann v. Okere

Case Details

Full title:Robert James Utley Winkelmann, Appellant v. Antoinette A. Okere, Appellee

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

Date published: Oct 13, 2020

Citations

NO. 03-20-00348-CV (Tex. App. Oct. 13, 2020)