Dwayne James Weakley and Beatriz Weakley v. Michael Schukar; Ellen Schukar; Shaun Siems; Suzanne Siems; Morgan Morita; Lisa Morita; John Hammett; Lee Hammett; Chandy Verghese; Leena Verghese; and Grayson Lee

Summary

The Texas Court of Appeals, Third District, dismissed the appeal for want of prosecution because the appellants failed to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The appellants also failed to respond to the court’s notice or establish entitlement to proceed without payment of costs.

Holdings

1. An appellate court may dismiss an appeal for want of prosecution when the trial-court clerk fails to file the clerk's record because the appellant failed to pay or arrange payment of the clerk's preparation fee, unless the appellant was entitled to proceed without payment of costs. Because appellants did not pay or arrange payment and did not establish entitlement to proceed without costs, dismissal was proper.

Questions Presented

1. Whether the appeal should be dismissed for want of prosecution when the clerk's record was not filed because appellants failed to pay or arrange payment of the clerk's fee and failed to respond to the appellate court's notice.

Disposition

dismissed