Victor Gomez v. Jeanette Abraham, Harry Abraham and James Abraham ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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VICTOR GOMEZ, No. 08-15-00171-CV
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APPELLANT, Appeal from the
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V. 210th District Court
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JEANETTE ABRAHAM, HARRY of El Paso County, Texas
ABRAHAM, AND JAMES §
ABRAHAM (TC# 2013-DCV0648)
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APPELLEES.
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of prosecution. Finding that the clerk’s record has not been filed due to the
fault of the Appellant, Victor Gomez, we dismiss the appeal for want of prosecution.
Unless otherwise excused, a non-indigent appellant must either pay for 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). The clerk’s record was due to be filed on June 28, 2015. The El Paso County Clerk
notified the Court that the clerk’s record would not be filed because Appellant has not made
financial arrangements for the preparation of the clerk’s record.
In accordance with Rule 37.3(b), the Clerk of the Court notified Appellant by letter
regarding his failure to make financial arrangements to pay for the clerk’s record and advised
him that the appeal would be dismissed for want of prosecution unless he responded within ten
days and showed grounds for continuing the appeal. See TEX.R.APP.P. 37.3(b). Appellant has
not filed any written response or otherwise showed that grounds exist for the appeal to be
continued. Pursuant to Rules 37.3(b), we dismiss the appeal for want of prosecution. See
TEX.R.APP.P. 37.3(b)(authorizing appellate court to dismiss appeal for want of prosecution if the
clerk’s record is not filed because appellant failed to make payment arrangements for preparation
of the clerk’s record).
July 17, 2015
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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