Narrative Opinion Summary
The Order filed on December 14, 2021, in the case of Curtis Tyler v. The State of Texas (NO. 14-21-00472-CV) addresses a procedural issue regarding the appellant's failure to pay for the clerk's record necessary for the appeal. The notice of appeal was filed on August 16, 2021, but the court was informed that the appellant had not made the requisite payment and had not provided evidence of indigence as required under Tex. R. Civ. P. 145. On November 15, 2021, the court warned the appellant that the appeal could be dismissed if proof of payment was not submitted. As no response was received, the court ordered the appellant to demonstrate arrangements for payment of the clerk’s record by December 29, 2021. Failure to comply will result in dismissal of the appeal, as per Tex. R. App. P. 37.3(b). The order was issued per curiam by Justices Jewell, Bourliot, and Poissant.
Legal Issues Addressed
Consequences of Non-Compliance with Court Orders in Appealssubscribe to see similar legal issues
Application: The court ordered that failure to demonstrate arrangements for payment of the clerk’s record by the specified date would result in dismissal of the appeal.
Reasoning: The court ordered the appellant to demonstrate arrangements for payment of the clerk’s record by December 29, 2021. Failure to comply will result in dismissal of the appeal, as per Tex. R. App. P. 37.3(b).
Procedures for Indigence in Civil Appealssubscribe to see similar legal issues
Application: The appellant did not provide evidence of indigence as required, which is necessary to waive the payment for the clerk's record.
Reasoning: The court was informed that the appellant had not made the requisite payment and had not provided evidence of indigence as required under Tex. R. Civ. P. 145.
Requirement for Payment of Clerk's Record in Appealssubscribe to see similar legal issues
Application: The appellant's failure to pay for the clerk's record necessary for the appeal led the court to issue a warning and subsequently order dismissal if payment arrangements were not demonstrated.
Reasoning: The Order filed on December 14, 2021, in the case of Curtis Tyler v. The State of Texas (NO. 14-21-00472-CV) addresses a procedural issue regarding the appellant's failure to pay for the clerk's record necessary for the appeal.