Summary
The Fifth District Court of Appeals at Dallas dismissed David Caudle’s appeal because he failed to file the required docketing statement and failed to provide documentation regarding payment for the clerk’s record or his entitlement to proceed without payment of costs. The court dismissed the appeal under Texas Rules of Appellate Procedure 37.3(b) and 42.3(b), (c).
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed when the appellant failed to file the docketing statement and failed to make or establish arrangements for payment of the clerk's record after being warned that noncompliance could result in dismissal.
Holdings
- An appeal may be dismissed when the appellant fails, after notice and an opportunity to cure, to file the required docketing statement and to provide documentation showing payment for or entitlement to proceed without payment for the clerk's record.
Key quotations
“Accordingly, we dismiss this appeal.” (at 2)
Factual background
The appellate record does not contain the docketing statement or clerk's record. The court had warned Caudle that failure to file the docketing statement and to provide documentation concerning payment for the clerk's record could result in dismissal. Caudle did not file the docketing statement, provide the required documentation, or otherwise correspond with the court regarding the appeal.
Procedural history
Caudle appealed from the 192nd Judicial District Court of Dallas County in trial court cause number DC-20-01519. The appellate court notified him that the docketing statement was overdue and separately directed him to address payment for the clerk's record. After Caudle failed to comply with either directive or otherwise communicate with the court, the court dismissed the appeal without further notice.