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Defendant's Attorney:
Robert J. Glasgow

Description:

Fort Worth, Texas - Divorce lawyer represented Appellant with filing a “Notice of Restricted Appeal”.

Appellant Carol Pool filed a “Notice of Restricted Appeal” on November 13,
2020, and a “Supplementary Notice of Restricted Appeal” on December 2, 2020,
attempting to appeal from a May 14, 2020 judgment in trial court cause No. CV18-
1765, styled Carol Pool v. James Pool and in the Interest of their 8 Children. On
December 15, 2020, we notified Appellant by letter that the trial court clerk
responsible for preparing the record in this appeal had informed this court that
payment arrangements had not been made to pay for the clerk’s record in this appeal.
See Tex. R. App. P. 35.3(a)(2). In our letter, we warned that we would dismiss the
appeal for want of prosecution unless, by Monday, December 28, 2020, Appellant
arranged to pay for the clerk’s record and provided us with proof of payment. See
Tex. R. App. P. 35.3(c), 37.3(b), 44.3.
On January 8, 2021, we again notified Appellant by letter that the trial court
clerk responsible for preparing the record in this appeal had informed this court that
payment arrangements had not been made to pay for the clerk’s record in this appeal.
See Tex. R. App. P. 35.3(a)(2). In the same letter, and because Appellant had sent this
court a December 28, 2020 response stating that she was “unable [to] comply further
with [this court’s] December 15, 2020 directives,” we also informed Appellant that if
she wished to request additional time to make arrangements to pay for the record, she
must apply by motion for an order or other relief. See Tex. R. App. P. 10.1(a). And
we expressed that this appeal was subject to dismissal unless, by Tuesday, January 19,
3
2021, Appellant had made arrangements to pay for the clerk’s record and provide this
court with proof of payment. See Tex. R. App. P. 37.3(b), 42.3(b), (c).
On February 8, 2021, we once more notified Appellant by letter that the trial
court clerk responsible for preparing the record in this appeal had informed this court
that payment arrangements had not been made to pay for the clerk’s record in this
appeal. See Tex. R. App. P. 35.3(a)(2). We again expressed that this appeal was
subject to dismissal unless, by Thursday, February 18, 2021, Appellant had made
arrangements to pay for the clerk’s record and provide this court with proof of
payment. See Tex. R. App. P. 37.3(b), 42.3(b), (c).
On February 18, 2021, Appellant submitted a response to this court wherein
she stated that “payment arrangements have been made to pay for the clerk’s record.”
Attached to her February 18, 2021 letter was an invoice that ostensibly originated
from Appellant, was directed toward Appellee’s attorney, and indicated that Appellee
would be paying for the trial court clerk’s preparing the record in this appeal. On
February 22, 2021, Appellee’s attorney sent this court a letter explaining that there was
no agreement by Appellee or his attorney to pay for the record and that he would not
make such payment without a court order

Outcome: To this date, Appellant has not made payment arrangements for the clerk’s
record; thus, we now dismiss the appeal for want of prosecution.

Appellant must pay all costs of this appeal.

Plaintiff's Experts:

Defendant's Experts:

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