Narrative Opinion Summary
Richard Oliver appealed the Final Decree of Divorce from the 12th District Court in Walker County, Texas, with the notice of appeal filed on March 13, 2018. The clerk’s record, due on April 10, 2018, was not filed because Oliver did not make necessary payment arrangements. On May 10, 2018, the district clerk informed the Court that Oliver had not addressed the payment issue. The Court directed Oliver to make payment arrangements by May 21, 2018, warning that failure to do so could lead to dismissal for want of prosecution. As of the date of the opinion, Oliver had not complied with this directive or communicated with the Court. Consequently, the appeal was dismissed for want of prosecution due to Oliver's non-compliance with the appellate rules and the Court's order.
Legal Issues Addressed
Appellate Procedure Compliancesubscribe to see similar legal issues
Application: Oliver was required to make financial arrangements for the filing of the clerk’s record by the specified deadline, which he failed to do, resulting in procedural non-compliance.
Reasoning: The clerk’s record, due on April 10, 2018, was not filed because Oliver did not make necessary payment arrangements.
Court's Directive to Appellantsubscribe to see similar legal issues
Application: The court explicitly instructed Oliver to resolve the payment issue by a certain date, emphasizing the consequence of dismissal for non-compliance.
Reasoning: The Court directed Oliver to make payment arrangements by May 21, 2018, warning that failure to do so could lead to dismissal for want of prosecution.
Dismissal for Want of Prosecutionsubscribe to see similar legal issues
Application: The court dismissed Oliver's appeal because he failed to comply with the procedural requirements necessary to move the appeal forward, specifically the arrangement of payment for the clerk’s record.
Reasoning: Consequently, the appeal was dismissed for want of prosecution due to Oliver's non-compliance with the appellate rules and the Court's order.