David Rebolloso v. Terry Cortez-Vega ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00535-CV
David Rebolloso, Appellant
v.
Terry Cortez-Vega, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY
NO. C-1-CV-15-006206, HONORABLE TODD T. WONG, 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 October 16, 2015, but no record was filed. We received
notice from the Travis County clerk’s office on September 15, 2015, that appellant has neither
paid nor made arrangement for the 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 19, 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 29, 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