Patrick Jerome Chargualaf v. TTCU

Summary

The Fifteenth Court of Appeals of Texas dismissed Patrick Jerome Chargualaf’s appeal for want of prosecution. The court concluded that appellant failed to pay or arrange payment of the clerk’s-record fee, failed to respond to the court’s notice, and did not establish entitlement to proceed without payment of costs.

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. Because Chargualaf did not respond to the court's notice or establish entitlement to proceed without costs, dismissal was warranted.

Questions Presented

1. Whether the appeal should be dismissed for want of prosecution when the clerk's record was not filed because the appellant failed to pay or arrange payment of the clerk's fee and failed to establish entitlement to proceed without payment of costs.

Disposition

dismissed