Jordyn McNamara v. 8 One Hundred TC LLC ( 2017 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00763-CV
Jordyn McNamara, Appellant
v.
8 One Hundred TC LLC, Appellee
FROM COUNTY COURT NO. 2 OF WILLIAMSON COUNTY
NO. 16-1571-CC2, HONORABLE LAURA B. BARKER, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on January 9, 2017.
On February 27, 2017, the Clerk of this Court notified the appellant that the clerk’s record had not
been filed due to her failure to pay or make arrangements to pay the 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 March 9, 2017. Further, the notice advised the appellant
that her failure to comply with this request could result in the dismissal of this 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 the 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 she
is entitled to proceed without payment of costs. See id. R. 20.1 (providing procedure for establishing
inability to pay appellate filing fees); see also Tex. R. Civ. P. 145 (establishing procedure in trial
court for establishing inability to pay court costs, including preparation of appellate record). 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. See Tex. R. App. P. 42.3(b).
__________________________________________
Scott K. Field, Justice
Before Chief Justice Rose, Justices Field and Bourland
Dismissed for Want of Prosecution
Filed: April 25, 2017
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