in the Matter of the Marriage of Willie Burns and Zanatta Burns ( 2016 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-16-00023-CV
IN THE MATTER OF THE MARRIAGE OF
WILLIE BURNS AND ZANATTA BURNS
On Appeal from the 335th District Court
Burleson County, Texas
Trial Court No. 27,875
Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Justice Burgess
MEMORANDUM OPINION
Willie Burns, appellant, filed a notice of appeal in this matter on March 18, 2016.1 The
clerk’s record in this matter, which was due to be filed on or before May 19, 2016, has not been
filed, and there is no indication that Burns, who is not indigent, has either paid for or made
satisfactory payment arrangements for preparation of the clerk’s record.
Unless otherwise excused, a nonindigent appellant must either pay or make arrangements
for the payment of the fees related to preparation of the appellate record to ensure that the record
is timely filed. TEX. R. APP. P. 35.3(a)(2), (b)(3); see TEX. R. APP. P. 20.1(c), 37.3(b), (c).
By letter dated June 16, 2016, and pursuant to Rules 37.3(b) and 42.3(b) and (c) of the
Texas Rules of Appellate Procedure, our clerk’s office provided Burns with notice of and an
opportunity to cure this defect. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). The clerk’s letter further
warned Burns that if he did not remedy the identified defect within ten days of the date of the letter,
his appeal would be subject to dismissal for want of prosecution. Id. We have received no
communication from Burns responsive to the clerk’s June 16 correspondence, and we have not
received the clerk’s record.
1
Originally appealed to the Tenth Court of Appeals, this case was transferred to this Court by the Texas Supreme
Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001 (West 2013). We are unaware
of any conflict between precedent of the Tenth Court of Appeals and that of this Court on any relevant issue. See
TEX. R. APP. P. 41.3.
2
Pursuant to Rules 37.3(b) and 42.3(b) and (c) of the Texas Rules of Appellate Procedure,
we dismiss this appeal for want of prosecution.
Ralph K. Burgess
Justice
Date Submitted: July 12, 2016
Date Decided: July 13, 2016
3