Chioma Okoro v. Debra Linda Murphy, Leslie York, and Collette Burnette Pierce ( 2019 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-19-00369-CV Chioma Okoro, Appellant v. Debra Linda Murphy, Leslie York, and Collette Burnette Pierce, Appellees FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-19-000455, THE HONORABLE TIM SULAK, JUDGE PRESIDING MEMORANDUM OPINION The clerk’s record in this appeal was due for filing in this Court on June 17, 2019. On July 17, 2019, we notified appellant that no clerk’s record had been filed due to her failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellant make arrangements for the clerk’s record and submit a status report regarding this appeal by July 29, 2019. Further, the notice advised appellant that her failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, 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 a trial-court clerk fails to file the clerk’s record due to an 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, appellant has not established that she is entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because 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. __________________________________________ Chari L. Kelly, Justice Before Justices Goodwin, Baker, and Kelly Dismissed for Want of Prosecution Filed: September 20, 2019 2