Narrative Opinion Summary
Robert R. Herman and Elena Herman appealed a judgment from the 58th District Court in Jefferson County, Texas, signed on August 16, 2019. On December 16, 2019, the Court of Appeals for the Ninth District of Texas notified the parties that the clerk's record had not been filed because the appellants failed to pay the District Clerk’s fee for its preparation. The Court warned the appellants that their appeal would be dismissed for want of prosecution unless they either paid the fee or requested additional time to do so. The appellants did not respond to this notice. Consequently, due to the lack of a satisfactory explanation for the failure to file the clerk's record, the Court dismissed the appeal for want of prosecution, pursuant to Texas Rules of Appellate Procedure 37.3(b) and 42.3(b). The opinion was submitted on February 5, 2020, and delivered on February 6, 2020, with the decision made by Chief Justice McKeithen and Justices Horton and Johnson.
Legal Issues Addressed
Dismissal for Want of Prosecution under Texas Rules of Appellate Proceduresubscribe to see similar legal issues
Application: The Court of Appeals dismissed the appeal due to the appellants' failure to pay the District Clerk’s fee or to request additional time, as required to prosecute the appeal.
Reasoning: Consequently, due to the lack of a satisfactory explanation for the failure to file the clerk's record, the Court dismissed the appeal for want of prosecution, pursuant to Texas Rules of Appellate Procedure 37.3(b) and 42.3(b).
Notification and Opportunity to Cure Procedural Defectssubscribe to see similar legal issues
Application: The Court provided notice to the appellants regarding the procedural defect and offered them an opportunity to correct it by paying the fee or requesting more time.
Reasoning: The Court warned the appellants that their appeal would be dismissed for want of prosecution unless they either paid the fee or requested additional time to do so.
Requirement for Filing Clerk's Record in Appealsubscribe to see similar legal issues
Application: The appellants were notified that the clerk's record had not been filed due to non-payment of the required fee, impacting the continuation of their appeal.
Reasoning: On December 16, 2019, the Court of Appeals for the Ninth District of Texas notified the parties that the clerk's record had not been filed because the appellants failed to pay the District Clerk’s fee for its preparation.