Mary E. Allen v. Nancy Wimberly ( 2015 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-15-00206-CV
Mary E. Allen, Appellant
v.
Nancy Wimberly, Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
NO. C-1-CV-14-009789, HONORABLE ERIC SHEPPERD, 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 June 5, 2015. Notice was received from the
trial court clerk’s office on June 24, 2015, indicating appellant had neither paid nor made
arrangement for payment for the clerk’s record.2 If the clerk’s record is not filed because the
appellant failed to pay, this Court may dismiss the appeal for want of prosecution.3 On June 30,
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 for the clerk’s record by
1
See Tex. R. App. P. 34.1, 34.5(a).
2
Nor has appellant preserved any claim of indigency.
3
See id. R. 37.3(b).
July 10, 2015. To date, no clerk’s record has 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: August 5, 2015
4
See id. R. 37.3(b), 42.3(b), (c).
2