Nine Thousand, Five Hundred Sixty-Two Dollars in US Currency v. The State of Texas Appeal from 340th District Court of Tom Green County (memorandum opinion)

 Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-19-00029-CV Nine Thousand, Five Hundred Sixty-Two Dollars in US Currency, Appellant v. The State of Texas, Appellee FROM THE 340TH DISTRICT COURT OF TOM GREEN COUNTY NO. C170213C, THE HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING MEMORANDUM OPINION The clerk’s record in this appeal was due for filing in this Court on January 28, 2019. On March 22, 2019, we notified appellant that no clerk’s record had been filed due to its 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 April 1, 2019. Further, the notice advised appellant that its 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 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 it 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, this appeal is dismissed for want of prosecution. __________________________________________ Melissa Goodwin, Justice Before Justices Goodwin, Baker, and Kelly Dismissed for Want of Prosecution Filed: July 19, 2019 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.