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Young v. K. B. Constr., Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Feb 23, 2018
NO. 03-17-00659-CV (Tex. App. Feb. 23, 2018)

Opinion

NO. 03-17-00659-CV

02-23-2018

Eunice Young, Appellant v. K. B. Construction, Inc., Appellee


FROM THE 22ND DISTRICT COURT OF HAYS COUNTY
NO. 15-0675 , THE HONORABLE WILLIAM R. HENRY, JUDGE PRESIDING MEMORANDUM OPINION

The clerk's record in this appeal was due for filing in this Court on January 5, 2018. On January 10, 2018, we notified appellant that no clerk's record had been filed due to her 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 January 22, 2018. Further, the notice advised appellant that her 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 she 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/_________

Cindy Olson Bourland, Justice Before Justices Puryear, Pemberton, and Bourland Dismissed for Want of Prosecution Filed: February 23, 2018


Summaries of

Young v. K. B. Constr., Inc.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Feb 23, 2018
NO. 03-17-00659-CV (Tex. App. Feb. 23, 2018)
Case details for

Young v. K. B. Constr., Inc.

Case Details

Full title:Eunice Young, Appellant v. K. B. Construction, Inc., Appellee

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

Date published: Feb 23, 2018

Citations

NO. 03-17-00659-CV (Tex. App. Feb. 23, 2018)