Andrea Rodriguez-Suarez v. Francisco Banda Guerrero
CourtTexas Court of Appeals, 15th District
Date FiledJune 30, 2026
Docket15-26-00066-CV
StatusPublished
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Full Opinion
Dismissed and Memorandum Opinion filed June 30, 2026
In The
Fifteenth Court of Appeals
NO. 15-26-00066-CV
ANDREA RODRIGUEZ-SUAREZ, Appellant
V.
FRANCISCO BANDA GUERRERO, Appellee
On Appeal from the County Court at Law No. 3
Williamson County, Texas
Trial Court Cause No. 23-2510-FC3
MEMORANDUM OPINION
This appeal is from a judgment signed January 14, 2026. No clerk’s record
has been filed. The clerk responsible for preparing the record in this appeal
informed this Court that appellant did not make arrangements to pay for the record.
On May 29, 2026, this Court notified appellant that the clerk’s record was
due in this Court on May 14, 2026, and that no clerk’s record had been filed due to
her failure to pay or make arrangements to pay the trial court clerk’s fee for
preparing the record. The notice requested that appellant file a response with
written documentation showing that she has paid, or made arrangements to pay, the
clerk’s fee or that she is entitled to proceed without payment of costs. In addition,
in our notice, we directed appellant to comply with our request by June 8, 2026,
and advised that her failure to comply could result in the dismissal of the appeal for
want of prosecution. To date, appellant has not responded to the Court’s notice,
and the clerk’s record has not been filed.
If a trial court clerk fails to file the clerk’s record due to an appellant’s
failure to pay or make arrangements to pay the clerk’s fee for the preparing the
record, the appellate court may dismiss the appeal for want of prosecution unless
the appellant was entitled to proceed without payment of cost. Tex. R. App. P.
37.3(b). In this case, appellant has not established that she is entitled to proceed
without payment of trial court costs. See Tex. R. Civ. P. 145. Consequently, we
dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).
PER CURIAM
Panel consists of Chief Justice Brister and Justices Field and Farris.
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