Ricky Carl Kellis v. Tiffany Rene Smith Appeal from 402nd District Court of Wood County (memorandum opinion)
Annotate this Case
Download PDF
In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-17-00095-CV RICKY CARL KELLIS, Appellant V. TIFFANY RENE SMITH, Appellee On Appeal from the 402nd District Court Wood County, Texas Trial Court No. 2015-049 Before Morriss, C.J., Moseley and Burgess, JJ. Memorandum Opinion by Justice Burgess MEMORANDUM OPINION Ricky Carl Kellis filed a notice of appeal in this matter on September 20, 2017. The record was due to be filed with this Court on or before October 23, 2017. On or around October 23, both the district clerk and the court reporter who recorded the trial court proceedings in this matter informed our clerk’s office that no payment and no arrangement for payment for the record’s preparation had been made by Kellis. Kellis is not indigent and is, therefore, responsible for payment of the fees related to preparation of the appellate record. See TEX. R. APP. P. 20.1; 35.3(a)(2), (b)(3); 37.3(b), (c). By letter dated November 2, 2017, and pursuant to Rules 37.3 and 42.3 of the Texas Rules of Appellate Procedure, we notified Kellis of this defect and provided him an opportunity to cure it. Further, we warned Kellis that, if we did not receive an adequate response to our defect letter within ten days of the date of the letter, this appeal would be subject to dismissal for want of prosecution. See TEX. R. APP. P. 37.3(b), (c); 42.3(b). We have received no communication from Kellis responsive to our November 2 correspondence. Consequently, this appeal is ripe for dismissal. Pursuant to Rule 37.3, subsections (b) and (c), and Rule 42.3(b), we dismiss this appeal for want of prosecution. See id. Ralph K. Burgess Justice Date Submitted: Date Decided: November 29, 2017 November 30, 2017 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
