Engel v. Texas Department of Insurance-Division of Workers' Compensation

2023 WL 3042311

Only the Westlaw citation is currently available.

SEE TX R RAP RULE 47.2 FOR DESIGNATION AND SIGNING OF OPINIONS.

Court of Appeals of Texas, Austin.

Norman ENGEL, Appellant

v.

TEXAS DEPARTMENT OF INSURANCE-DIVISION OF WORKERS’ COMPENSATION and Commissioner Cassie Brown, in Her Official Capacity; The State of Texas and the Attorney General of the State of Texas by and through Ken Paxton in His Official Capacity as Attorney General of the State of Texas; and Illinois National Insurance Company, Appellees

NO. 03-23-00077-CV

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Filed: April 21, 2023

FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY, NO. D-1-GN-19-001342, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING

Attorneys & Firms

Dennis M. McKinney, for Appellees Texas Department of Insurance-Division of Workers’ Compensation and Commissioner Cassie Brown, in Her Official Capacity, The State of Texas and the Attorney General of the State of Texas by and through Ken Paxton in His Official Capacity as Attorney General of the State of Texas.

John V. Fundis, for Appellee Illinois National Insurance Company.

Bradley Dean McClellan, for Appellant.

Before Justices Baker, Smith, and Jones^*

MEMORANDUM OPINION

J. Woodfin Jones, Justice

*1 The clerk’s record in this appeal was due for filing in this Court on March 13, 2023. On March 14, 2023, we notified appellant that no clerk’s record had been filed due to his failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellant make arrangements for the clerk’s record and submit a status report regarding this appeal by March 24, 2023. Further, the notice advised appellant that his failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, appellant has not filed a status report or otherwise responded to this 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 for the clerk’s fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellant has not established that he is entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution.