Cory Don Simek, Appellant v. Kerry Renea Humphrey, Appellee (2014)

MEMORANDUM OPINION

Appellant Cory Don Simek filed his notice of appeal on July 14, 2014.   That day, we notified him that he was required to make a written request and arrangements to pay for the clerk's record and the reporter's record within ten days from his receipt of our letter.   The clerk's record from the trial court was due to be filed in this Court on August 11.

On August 29, this Court notified Simek that no clerk's record had been filed due to his failure to pay or make arrangements to pay the fee for preparing the clerk's record.   The Court's notice requested that Simek make arrangements for the clerk's record and submit a status report regarding this appeal by September 8. In addition, the notice informed Simek that his appeal was subject to dismissal if he did not comply with our instructions.   To date, Simek has not filed a status report or otherwise responded to this Court's notice, and the clerk's record has not been filed.

If the trial court's clerk fails to file the clerk's record due to appellant's failure to pay or make arrangements to pay for the clerk's fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs.   Tex.R.App. P. 37.3(b).  In this case, Simek has not established that he is entitled to proceed without payment of costs, see Tex.R.App. P. 20.1 (providing procedure for establishing indigence on appeal), and he has failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record.   We therefore dismiss the appeal for want of prosecution.   See Tex.R.App. P. 42.3(b).

David Puryear, Justice