CourtListener 10711801•John Bird v. Lyla Renee Moura
Texte intégral
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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