Select Industrial Tooling v. International Biomedical Ltd. ( 2014 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-14-00056-CV Select Industrial Tooling, Appellant v. International Biomedical Ltd., Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT NO. D-1-GN-13-003224, HONORABLE LORA J. LIVINGSTON, JUDGE PRESIDING MEMORANDUM OPINION The clerk’s record in this appeal was due for filing in this Court on March 3, 2014. On May 14, 2014, the appellant, Select Industrial Tooling, was notified by the Clerk of this Court that no clerk’s record had been filed due to its failure to pay or make arrangements to pay the district clerk’s fee for preparing the clerk’s record. The notice requested that the appellant make arrangements for the clerk’s record and submit a status report regarding this appeal by May 27, 2014. Further, the notice advised the appellant that its failure to comply with this request could result in the dismissal of its appeal for want of prosecution. To date, the appellant has not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has not been filed. If the trial court clerk fails to file the clerk’s record due to appellant’s failure to pay or make arrangements to pay for the clerk’s fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, the appellant has not established that it is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1 (providing procedure for establishing indigence on appeal). Because the appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution. __________________________________________ Scott K. Field, Justice Before Justices Puryear, Goodwin, and Field Dismissed for Want of Prosecution Filed: June 27, 2014 2