Opinion issued July 26, 2012.
In The
Court of Appeals
For The
First District of Texas
NO. 01B11B01097BCV
IN THE MATTER OF Z.E.K.B.L. AKA Z.L., A.S.L. AKA A.L., S.E.L., AND
S.Z.L., Children
On Appeal from the 309th District Court
Harris County, Texas
Trial Court Cause No. 2011-18283
MEMORANDUM OPINION
On December 6, 2011, appellant, Karin Elizabeth Sims-Lowry, filed a notice
of appeal from the trial court’s judgment of November 17, 2011. On March 29,
2012, the trial court clerk informed this Court that appellant had not paid nor made
arrangements to pay for the clerk’s record. This Court then notified appellant that,
as reflected in the clerk’s record on indigence, she is not entitled to proceed on
appeal without payment of costs. See TEX. R. APP. P. 20.1. We further notified
appellant that we would dismiss this appeal for want of prosecution unless she
provided us with evidence by April 9, 2012 that she had paid for the clerk’s record.
On April 13, 2012, appellant filed an “Affidavit of Indigence” in this Court, stating
that she could pay the clerk’s fee, but requesting an indeterminate extension of time
to pay the fee. On May 4, 2012, this Court ordered appellant to pay for the clerk’s
record by May 18, 2012, directed the clerk to file the record within 10 days from
receipt of payment, and informed appellant that the March 29, 2012 notices
remained in effect. On May 22, 2012, appellant filed a “Notice of filing for
Extension for Post Trail [sic] Clerk fees and Court Reporters [sic] Fees,” in which
she acknowledges that she had received this Court’s May 4, 2012 order on May 14,
2012 and requested a “30 day extension to pay the court porters [sic] fees of $385.60
and the post trial clerk [sic] fees of $150.00.” On June 27, 2012, the trial court clerk
informed this Court that appellant, on June 26, 2012, sent a facsimile to the clerk,
stating that she only wanted certain documents to be included in the record 1 and
“attached is a copy of the documents needed to be copied and a money order in the
amount of $15.00 which should cover the cost for the copies of these documents.”
1 The limited records requested by appellant do not satisfy the requirements of the
pertinent Texas Rules of Appellate Procedure. See TEX. R. APP. P. 34.2, 34.5(a).
2
The trial court clerk has yet to receive any funds from appellant.
The clerk’s record in this case was originally due on January 17, 2012, and
appellant was given extension of deadlines for paying the clerk’s fees to April 9,
2012 and May 18, 2012. See TEX. R. APP. P. 35.1 (requiring appellate record to be
filed within 60 days after judgment is signed), 35.3(a) (imposing duty on trial court
clerk to file clerk’s record if party responsible for paying for preparation of record
has paid or made arrangements to pay clerk’s fee), 35.3(c) (imposing duty on trial
and appellate court to ensure that record is timely filed, but permitting late-filing of
record when delay is appellant’s fault, and authorizing court to enter any order
necessary to ensure timely filing of record). Nevertheless, and despite the passage
of more than 30 days from appellant’s second request for an extension of time to pay
the fees, appellant has neither established indigence, nor paid, nor made
arrangements to pay, the fee for preparing the clerk’s record.2 See TEX. R. APP. P.
20.1 (listing requirements for establishing indigence), 35.3(a) (imposing duty on
trial court clerk to file clerk’s record if party responsible for paying for preparation
of record has paid or made arrangements to pay clerk’s fee).
Accordingly, we dismiss the appeal. See TEX. R. APP. P. 37.3(b) (allowing
dismissal of appeal if no clerk’s record filed due to appellant’s fault), 42.3 (allowing
2 Even if appellant had paid $15.00 to the trial court clerk, the record shows that any
such payment was not made pursuant to a payment plan and still only constitutes ten
percent of the clerk’s fee.
3
involuntary dismissal). We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Massengale.
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