Rion Woodiest, Appellant, v. Passion Kelly, Appellee.

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Court of Appeals of Texas, El Paso.

Rion Woodiest, Appellant, v. Passion Kelly, Appellee.

No. 08-15-00356-CV

Decided: February 24, 2016

Before McClure, C.J., Rodriguez, and Hughes, JJ.

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be dismissed for want of prosecution.  Finding that Appellant, Rion Woodiest, has failed to pay the case filing fee, and further finding that the clerk's record has not been filed due to the fault of the Appellant, we dismiss the appeal for want of prosecution.

Appellant did not pay the case filing fee of $205 when he filed his notice of appeal or establish that he is indigent in accordance with Tex.R.App.P. 20.1.  On January 5, 2016, the Clerk of the Court sent Appellant a second request for payment of the case filing fee.  The letter also notified Appellant that failure to pay the case filing fee within twenty days could result in dismissal of the appeal for want of prosecution pursuant to Tex.R.App.P. 42.3(b) and (c).  Appellant has not paid the filing fee or otherwise responded to our notice.

Appellant has also failed to make financial arrangements to pay for the clerk's record.  Unless otherwise excused, a non-indigent appellant must either pay for or make arrangements for the payment of the fees related to preparation of the appellate record to ensure that the record is timely filed.  Tex.R.App.P. 35.3(a)(2), (b)(3);  see Tex.R.App.P. 20.1(c);  37.3(b), (c).  The clerk's record was due to be filed on January 30, 2016.  The El Paso County District Clerk notified the Court that the clerk's record would not be filed because Appellant has not made financial arrangements for preparation of the clerk's record.  In accordance with Rule 37.3(b), the Clerk of the Court notified Appellant by letter regarding his failure to make financial arrangements to pay for the clerk's record and advised Appellant that the appeal would be dismissed for want of prosecution unless he responded within ten days and showed grounds for continuing the appeal.  See Tex.R.App.P. 37.3(b).  Appellant has not filed any written response or otherwise showed that grounds exist for the appeal to be continued.  Pursuant to Rules 37.3(b) and 42.3(b) and (c), we dismiss the appeal for want of prosecution.  See Tex.R.App.P. 37.3(b), 42.3(b), (c).  All pending motions, including the court reporter's request for an extension of time in which to file the record, are denied as moot.

STEVEN L. HUGHES, Justice