William David Easley v. Tammie Yannette Easley--Appeal from 19th District Court of McLennan County

State: Texas

Court: Texas Northern District Court

Docket No: 10-98-00123-CV

Case Date: 11/04/1998

Plaintiff: William David Easley

Defendant: Tammie Yannette Easley--Appeal from 19th District Court of McLennan County

Preview:William David Easley v. Tammie Yannette Easley-Appeal from 19th District Court of McLennan County
IN THE TENTH COURT OF APPEALS

No. 10-98-123-CV

WILLIAM DAVID EASLEY, Appellant v.

TAMMIE YANNETTE EASLEY, Appellee

From the 19th District Court McLennan County, Texas Trial Court # 92-0871-1 MEMORANDUM OPINION William David Easley filed a pro se notice of appeal in this Court on May 14, 1998. See Tex. R. App. P. 26.1(c). The clerk s record was due on July 13, 1998. It has not been filed because Easley has not paid nor made arrangements to pay the clerk s fee for preparing the record. Appellate Rule 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk s fee for preparation of the record, the Court may: dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

Id. 37.3(b). After liberally construing correspondence from Easley as a request for time to make arrangements to pay the clerk s fee and granting a thirty-day extension, the fee still has not been paid. We notified Easley that failure to pay for the record by September 25 would result in dismissal. // Id. 37.3(b), 42.3, 44.3. Over thirty days have passed since the deadline and no arrangements have been made. Therefore, this appeal is dismissed for want of prosecution. Id. 37.3(b).

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PER CURIAM

Before Chief Justice Davis, Justice Cummings, and Justice Vance Dismissed for want of prosecution Opinion delivered and filed November 4, 1998 Do not publish

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