Does anyone send a motion to dismiss before the records are filed? I have not done this before, and usually I find that the 11th CoA, as soon as they get the Clerk's record, send a letter stating appellant must show why this cause should not be dismissed? It certainly would save some paperwork if we just got a copy of the waivers, stips, and cert of appeal and sent it to the CoA w/ a motion to dismiss? Would this be within the TRAP to file prior to the records being filed?

I have been looking into moving to dismiss before records are filed when the certification of right to appeal is not filed. We have a number of cases where it just hasn't gotten done despite numerous prompts from the court of appeals.

Our Court (4th COA) seems to screen the cases for the most part, and sends out show cause orders without prompting by us.

Yeah, I noticed 4th coa and 9th coa were very proactive on certifications indicating waiver of appeal or no right to appeal.