Estate of Claire Essing v. the State of Texas

Summary

The Thirteenth Court of Appeals of Texas dismissed an appeal from a Nueces County probate proceeding for want of prosecution. The appellant failed to pay or arrange payment for the clerk’s record, did not establish entitlement to proceed without payment of costs, and did not respond to the Clerk’s notices.

Holdings

1. An appeal may be dismissed for want of prosecution when the appellant fails to pay or arrange payment for preparation of the clerk's record and the record does not show that the appellant is entitled to proceed without payment of costs.
2. The court may dismiss an appeal when an appellant fails to comply with a requirement of the appellate rules, a court order, or a clerk's notice requiring a response or other action within a specified time.

Questions Presented

1. Whether the appeal should be dismissed for want of prosecution because appellant failed to pay or arrange payment for preparation of the clerk's record.
2. Whether the appeal should be dismissed because appellant failed to comply with appellate rules and the clerk's notices requiring a response or other action within a specified time.

Disposition

dismissed