Narrative Opinion Summary
On January 10, 2023, the Fourteenth Court of Appeals issued an order regarding the appeal of BasMattie Lisa Abraham against the State of Texas (Case No. 14-22-00850-CV), originating from the 268th District Court in Fort Bend County (Cause No. 18-DCV-251899). The notice of appeal was filed on November 16, 2022, but the court's clerk reported that the appellant had not paid for the clerk’s record, nor had any evidence of the appellant's indigence been submitted, as required by Texas Rule of Civil Procedure 145. The court previously notified the appellant on November 28, 2022, that the appeal would be dismissed if proof of payment was not provided. Since no response was received, the court ordered the appellant to demonstrate within ten days that arrangements for payment had been made. Failure to comply may result in dismissal of the appeal for want of prosecution, as per Texas Rule of Appellate Procedure 37.3(b). The order was issued per curiam by Justices Wise, Jewell, and Poissant.
Legal Issues Addressed
Dismissal for Want of Prosecution under Texas Rule of Appellate Procedure 37.3(b)subscribe to see similar legal issues
Application: The court may dismiss an appeal if the appellant fails to demonstrate arrangements for payment of the clerk's record within a specified period.
Reasoning: Since no response was received, the court ordered the appellant to demonstrate within ten days that arrangements for payment had been made. Failure to comply may result in dismissal of the appeal for want of prosecution, as per Texas Rule of Appellate Procedure 37.3(b).
Payment of Clerk's Record under Texas Rule of Civil Procedure 145subscribe to see similar legal issues
Application: The appellant must either pay for the clerk's record or provide evidence of indigence to avoid dismissal of the appeal.
Reasoning: The notice of appeal was filed on November 16, 2022, but the court's clerk reported that the appellant had not paid for the clerk’s record, nor had any evidence of the appellant's indigence been submitted, as required by Texas Rule of Civil Procedure 145.