Reyna Ramos Soto v. Cuong Vu Appeal from 261st District Court of Travis County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-22-00442-CV Reyna Ramos Soto, Appellant v. Cuong Vu, Appellee FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-22-002817, THE HONORABLE CATHERINE MAUZY, JUDGE PRESIDING MEMORANDUM OPINION The clerk’s record in this appeal was due in this Court on August 15, 2022. On August 19, 2022, we notified appellant that no clerk’s record had been filed due to appellant’s failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellant make arrangements for the clerk’s record and submit a status report regarding this appeal by August 29, 2022. Further, the notice advised appellant that failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, appellant has not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has not been filed. If a trial court’s clerk fails to file the clerk’s record due to an appellant’s 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 the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellant has not established that she is entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, and because she has not indicated that she is entitled to proceed without payment of costs, this appeal is dismissed for want of prosecution. __________________________________________ Edward Smith, Justice Before Chief Justice Byrne, Justices Triana and Smith Dismissed for Want of Prosecution Filed: October 28, 2022 2
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