Amy Lynn Dayringer v. Gared Dayringer ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00458-CV
Amy Lynn Dayringer, Appellant
v.
Gared Dayringer, Appellee
FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT
NO. CV34,454, HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING
MEMORANDUM OPINION
The appellate record must include the clerk’s record from the trial court.1 The clerk’s
record in this cause was due in this Court on September 18, 2015, but no record was filed. We
received notice from the Milam County district clerk’s office on October 2, 2015, that appellant has
neither paid nor made arrangement for payment of the record. Nor has appellant filed an affidavit
of indigence.2
Under these circumstances, this Court may dismiss the appeal for want of
prosecution.3 On October 5, 2015, we sent notice to appellant that the clerk’s record was overdue
and that the appeal may be dismissed for want of prosecution if appellant did not make arrangements
1
See Tex. R. App. P. 34.1, 34.5(a).
2
See id. R. 20.1(2).
3
See id. R. 37.3(b).
for the record and submit a status report to this Court on or before October 15, 2015. To date,
appellant has not responded in any way and the clerk’s record has not been filed. Accordingly, we
dismiss the appeal for want of prosecution.4
__________________________________________
Bob Pemberton, Justice
Before Chief Justice Rose, Justices Pemberton and Field
Dismissed for Want of Prosecution
Filed: November 10, 2015
4
See id. R. 37.3(b), 42.3(b), (c).
2