Trey Beck, Individually and as Executor of the Estate of Hayden Russell, Deceased v. Dale Blanton Russell and Loretta Kingsley, Appellees (2015)

MEMORANDUM OPINION

This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk's fee for preparing the clerk's record.  The trial court's judgment was signed on May 8, 2015, and Appellant timely filed a notice of appeal.  The clerk's record was due on September 8, 2015.  On September 9, 2015, this court notified the trial court clerk that the record had not been filed.  The clerk responded on October 7, 2015, by filing a motion for extension of time to file the clerk's record.  In the motion, the clerk stated that the reason for the delay in filing was that Appellant had not made a claim of indigence and had failed to either pay or make arrangements to pay for the preparing of the clerk's record.  On that same date, this court informed Appellant that, pursuant to rules of appellate procedure 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided to this court no later than October 19, 2015.

The October 19, 2015 deadline has now passed, and Appellant has neither provided proof of full payment nor otherwise responded to this court's notice.  Accordingly, the appeal is dismissed.  See Tex.R.App. P. 37.3(b), 42.3(c).

PER CURIAM