Myranda Craig, on Behalf of the Minor Child J. B. v. Travis Brittain ( 2023 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
MYRANDA CRAIG, on Behalf of the Minor § No. 08-23-00067-CV
Child J.B.,
§ Appeal from the
Appellant,
§ County Court at Law No. 5
v.
§ of El Paso County, Texas
TRAVIS BRITTAIN,
§ (TC# 2022DCM6866)
Appellee.
MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination of whether it should
be dismissed for want of prosecution. See TEX. R. APP. P. 42.3. Finding the clerk’s record has not
been filed due to the fault of Appellant, we dismiss the appeal for want of prosecution.
On June 8, 2023, after the El Paso County District Clerk notified this Court of Appellant’s
failure to pay or to arrange to pay for preparation of the clerk’s record, the Clerk of this Court sent
a letter to all parties giving notice of the Court’s intention to dismiss the appeal for want of
prosecution unless any party, within 10 days of the date of said notice, provided grounds for
continuing the appeal. See TEX. R. APP. P. 37.3(b) (authorizing appellate court to dismiss appeal if
no clerk’s record is prepared due to Appellant’s fault). That notice also requested immediate notice
be given to this Court, if the El Paso County District Clerk received satisfactory payment for the
clerk’s record; but if payment were not received by June 19, 2023, for the El Paso County District
Clerk to provide notice of Appellant’s non-payment. On June 20, 2023, the El Paso County District
Clerk again provided notice of not having received satisfactory payment from Appellant for the
clerk’s record of this case.
As of this date, more than 10 days have elapsed from this Court’s notice of intention to
dismiss the appeal for want of prosecution, yet Appellant has not paid (or arranged to pay) for
preparation of the clerk’s record, nor has she otherwise shown she is excused from paying such
costs. Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b);
42.3(b), (c).
GINA M. PALAFOX, Justice
June 23, 2023
Before Rodriguez, C.J., Palafox, and Soto, JJ.
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