John Bird v. Lyla Renee Moura

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00645-CV

John Bird, Appellant

v.

Lyla Renee Moura, Appellee

FROM THE 465TH DISTRICT COURT OF BASTROP COUNTY
NO. 465-501, ELIZABETH BEYER, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on September 24,

2025. On September 25, we notified Appellant that no clerk’s record had been filed due to his

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 October 6. Further, the notice advised Appellant that his 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 he 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.

__________________________________________
Chari L. Kelly, Justice

Before Justices Triana, Kelly, and Theofanis

Dismissed for Want of Prosecution

Filed: October 24, 2025

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