Narrative Opinion Summary
The appeal concerning the parent-child relationship modification for E.D.S. was dismissed due to the appellant, M.S., failing to arrange payment for the necessary clerk’s record. The order in question was signed on June 7, 2019, and the notice of appeal was filed on August 21, 2019. The court, informed by the clerk that no payment arrangements had been made by the appellant, issued a notification on October 14, 2019, stating the intention to dismiss the appeal for lack of prosecution unless proof of payment was provided within fifteen days. As no such proof was submitted, the appeal was dismissed under Texas Rule of Appellate Procedure 42.3(c). The panel included Justices Wise, Jewell, and Poissant.
Legal Issues Addressed
Dismissal for Lack of Prosecution under Texas Rule of Appellate Procedure 42.3(c)subscribe to see similar legal issues
Application: The appeal was dismissed because the appellant failed to make the necessary arrangements for the clerk's record, and no proof of payment was provided within the timeframe specified by the court.
Reasoning: The court, informed by the clerk that no payment arrangements had been made by the appellant, issued a notification on October 14, 2019, stating the intention to dismiss the appeal for lack of prosecution unless proof of payment was provided within fifteen days.
Requirement for Filing Notice of Appealsubscribe to see similar legal issues
Application: The notice of appeal was filed more than two months after the order was signed, which contributed to the procedural issues leading to the dismissal.
Reasoning: The order in question was signed on June 7, 2019, and the notice of appeal was filed on August 21, 2019.