James F. McKinnon v. Judge Stephen B. Ables

NUMBER 13-20-00475-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
JAMES F. MCKINNON, Appellant,
v.
JUDGE STEPHEN B. ABLES, Appellee.
____________________________________________________________
On appeal from the 216th District Court
of Gillespie County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Benavides, Hinojosa, and Silva
Memorandum Opinion by Justice Benavides
This cause is before the Court on its own motion.1 On January 25, 2021, the Clerk
of this Court notified appellant that the clerk’s record was past due. Appellant was further
advised that unless proof of arrangements to pay for the clerk’s record were provided to
1 This case is before the Court on transfer from the Fourth Court of Appeals in San
Antonio pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T
CODE ANN. § 73.001.
this Court within ten days, the appeal was subject to dismissal. See TEX. R. APP. P.
37.3(b).
On February 2, 2021, appellant filed an unrelated correspondence which neither
addresses his failure pay for the clerk’s record nor addresses the court’s notice. On March
3, 2021, the trial court clerk informed the clerk of this court that appellant has not made
payment arrangements nor made a deposit for the clerk’s record. Accordingly, the appeal
is dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b), (c).
GINA M. BENAVIDES
Justice
Delivered and filed on the
11th day of March, 2021.
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