Charity Austin, Appellant v. Memorial Herman Hospital System d/b/a the Woodlands, Amarbir S. Mattewal, M.D., and Mark M. Mettauer, M.D., Appellees (2016)

MEMORANDUM OPINION

This appeal is from a judgment signed December 1, 2015.  No clerk's record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.  The trial court clerk noted that appellant filed an affidavit of inability to pay costs to which the district clerk filed a timely contest.  No ruling was made on the district clerk's contest because appellant filed a motion to withdraw her notice of appeal.

On January 13, 2016, notification was transmitted to all parties of the court's intention to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment.  See Tex.R.App. P. 37.3(b).

Appellant has not provided this court with proof of payment for the record.  Accordingly, the appeal is ordered dismissed.¹

FOOTNOTES

1.   It appears that appellant has withdrawn her notice of appeal.  Although no motion to dismiss was filed in this court, the Harris County District Clerk forwarded appellant's motion filed in the trial court entitled, “Voluntary Dismissal of Appeal.”

PER CURIAM