Steven Brown v. Tim Jackson Construction Co., Inc. D/B/A Jackson Construction Co. and Jack Yates Drywall, Inc. ( 2015 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-15-00023-CV
STEVEN BROWN, Appellant
V.
TIM JACKSON CONSTRUCTION CO., INC.
D/B/A JACKSON CONSTRUCTION CO. AND
JACK YATES DRYWALL, INC., Appellee
On Appeal from the 402nd Judicial District Court
Wood County, Texas
Trial Court No. 2013-116
Before Morriss, C.J., Moseley and Burgess, JJ.
Memorandum Opinion by Justice Moseley
MEMORANDUM OPINION
Steven Brown, appellant, filed a notice of appeal in this matter on April 16, 2015. Both
the clerk’s and reporter’s records in this appeal were due to be filed with this Court on or before
May 18, 2015. Neither of the records has been filed. Counsel for Brown mailed a temporary
check for the clerk’s record to the Wood County District Clerk via letter dated June 20, 2015. This
check was returned to Brown’s counsel on July 6, 2015, with an explanation that the clerk’s office
is unable to accept temporary checks. Accordingly, the clerk’s office requested a different form
of payment. As of the date of this opinion, Brown has failed to provide a different form of payment
for the clerk’s record and has not contacted the clerk’s office to make any type of arrangements to
pay for the clerk’s record.
Likewise, there is no indication that Brown has paid or made arrangements for payment of
the fee for transcription of the court reporter’s record.
Unless otherwise excused, a non-indigent 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 17, 2015, and pursuant to Rules 37.3(b), 37.3(c), 42.3(b), and 42.3(c)
of the Texas Rules of Appellate Procedure, our clerk’s office provided Brown with notice of and
an opportunity to cure these defects. See TEX. R. APP. P. 37.3(b), (c), 42.3(b), (c). The clerk’s
letter further warned Brown that if he did not submit an adequate response to our defect letter
within ten days of the date of the letter, his appeal would be subject to dismissal for want of
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prosecution. Id. We have received no communication from Brown responsive to the June 17
correspondence from our clerk’s office, and we have not received the appellate record.
Pursuant to Rules 37.3(b) and (c) and 42.3(b) and (c) of the Texas Rules of Appellate
Procedure, we dismiss this appeal for want of prosecution.
Bailey C. Moseley
Justice
Date Submitted: July 27, 2015
Date Decided: July 28, 2015
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