Susan Huddleston Gosney v. Gary Lynn Gosney--Appeal from 146th District Court of Bell County (majority)

Annotate this Case
Download PDF TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-12-00162-CV Susan Huddleston Gosney, Appellant v. Gary Lynn Gosney, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT NO. 240,737-B, HONORABLE ALAN MAYFIELD, JUDGE PRESIDING MEMORANDUM OPINION The clerkâ s record and reporterâ s record in this appeal were due for filing in this Court on December 9, 2011. On April 2, 2012, appellant Susan Huddleston Gosney was notified that no clerkâ s record had been filed due to her failure to pay or make arrangements to pay the district clerkâ s fee for preparing the clerkâ s record. The notice requested that Ms. Gosney make arrangements for the clerkâ s record and submit a status report regarding this appeal with this Court. Ms. Gosney was requested to file a response in this Court on or before April 12, 2012 or risk dismissal of her appeal. To date, Ms. Gosney has not filed a status report or otherwise responded to this Courtâ s notice, and the clerkâ s record has not been filed. If the trial court clerk fails to file the clerkâ s record due to appellantâ s failure to pay or make arrangements to pay the clerkâ 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, Ms. Gosney has not established that she is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1 (providing procedure for establishing indigence on appeal). Because Ms. Gosney has failed to pay or make arrangements to pay the clerkâ s fee for preparing the clerkâ s record, this appeal is dismissed for want of prosecution. __________________________________________ Diane M. Henson, Justice Before Justices Puryear, Henson and Goodwin Dismissed for Want of Prosecution Filed: June 29, 2012 2