Jeana Cobb v. Belle Oaks Apartments

Summary

The Texas Court of Appeals dismissed Jeana Cobb’s appeal for want of prosecution because she failed to pay or arrange payment of the clerk’s record fee and did not respond to the court’s notice. The court noted that Cobb had not established eligibility to proceed without payment of costs under the applicable Texas rules.

Holdings

1. When a trial-court clerk fails to file the clerk's record because an appellant failed to pay or arrange payment of the clerk's fee, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs.

Questions Presented

1. Whether the court of appeals could dismiss the appeal for want of prosecution when the clerk's record was not filed because appellant failed to pay or arrange payment of the clerk's fee and failed to respond to the court's notice.

Disposition

dismissed