Jeffrey Olson and Deborah Olson v. Sabre Commercial, Inc. ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00284-CV
Jeffrey Olson and Deborah Olson, Appellants
v.
Sabre Commercial, Inc., Appellee
FROM THE 428TH DISTRICT COURT OF HAYS COUNTY
NO. 19-1469-A, THE HONORABLE SHERRI TIBBE, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on June 21, 2021.
On June 29, 2021, we notified appellants that no clerk’s record had been filed due to their failure
to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The
notice requested that appellants on or before July 9, 2021, provide this Court with written
verification that payment has been made for the clerk’s record, written verification that payment
arrangements have been made to pay for the clerk’s record, or written documentation that
appellants are entitled to proceed without payment of costs. See Tex. R. Civ. P. 145; Tex.
R. App. P. 20.1. Further, the notice warned that the appeal may be dismissed for want of
prosecution if the requested documentation is not timely filed. See Tex. R. App. P. 37.3(b). On
July 9, 2021, this Court received a letter from the district clerk stating that appellants had not
paid for the clerk’s record. On December 10, 2021, this Court sent out another notice explaining
that the clerk’s record was overdue, that the district clerk informed this Court that appellants had
not paid or made arrangements to pay for the clerk’s record, and that the appeal will be dismissed
for want of prosecution if the Court did not receive by December 20, 2021, written verification
that payment had been made for the clerk’s record, written verification that payment
arrangements have been made to pay for the clerk’s record, or written documentation showing
that appellants are entitled to proceed without payment of costs. To date, appellants have not
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 appellants’ 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 appellants were entitled to proceed without
payment of costs. Id. In this case, appellants have not established that they are entitled to
proceed without payment of costs. See Tex. R. Civ. P. 145. Because appellants have 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.
__________________________________________
Thomas J. Baker, Justice
Before Justices Goodwin, Baker, and Smith
Dismissed for Want of Prosecution
Filed: December 31, 2021
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