TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-16-00486-CV
American Phoenix Foundation, Appellant
v.
Steve Bresnen, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 126TH JUDICIAL DISTRICT
NO. D-1-GN-15-002332, HONORABLE AMY CLARK MEACHUM, JUDGE PRESIDING
MEMORANDUM OPINION
The appellate record must include the clerk’s record from the trial court.1 The clerk’s
record in this cause was due in this Court on August 16, 2016, but no record was filed. We received
notice from the Travis County district clerk’s office that appellant has neither paid for nor
made arrangement for payment of the record. Under these circumstances, this Court may dismiss
the appeal for want of prosecution.2
On August 22, 2016, we sent notice to appellant that the clerk’s record was overdue
and that the appeal may be dismissed for want of prosecution if appellant did not make arrangements
for the record and submit a status report to this Court on or before September 1, 2016. To date,
1
See Tex. R. App. P. 34.1, 34.5(a).
2
See id. R. 37.3(b).
appellant has not responded in any way and the clerk’s record has not been filed. Accordingly, we
dismiss the appeal for want of prosecution.3
__________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Field
Dismissed for Want of Prosecution
Filed: October 5, 2016
3
See id. R. 37.3(b), 42.3(b), (c).
2