Opinion
06-21-00049-CV
07-02-2021
HOLCOMB RESOURCES, INC., Appellant v. OAKHOLLOW GROUP, LTD., Appellee
Date Submitted: July 1, 2021
On Appeal from the 348th District Court Tarrant County, Texas Trial Court No. 348-300454-18
Before Morriss, C.J., Burgess and Stevens, JJ.MEMORANDUM OPINION
Ralph K. Burgess Justice
Holcomb Resources, Inc., filed a notice of appeal in this matter on April 20, 2021. The appellate record was due to be filed with this Court on or before May 21, 2021. Both the Tarrant County District Clerk and the court reporter who recorded the trial court proceedings in this matter informed our clerk's office that no payment and no arrangement for payment for the record's preparation had been made by Holcomb.
Originally appealed to the Second Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See Tex. Gov't Code Ann. § 73.001.
Holcomb is not indigent and is, therefore, responsible for payment of the fees related to preparation of the appellate record. See Tex. R. App. P. 20.1; 35.3(a)(2), (b)(3); 37.3(b), (c). By letter dated June 1, 2021, and pursuant to Rules 37.3 and 42.3 of the Texas Rules of Appellate Procedure, we notified Holcomb of this defect and provided it an opportunity to cure it. Further, we warned Holcomb that, if we did not receive an adequate response to our defect letter within ten days of the date of the letter, this appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 37.3(b), (c); 42.3(b).
We have received no communication from Holcomb responsive to our June 1 correspondence. Consequently, this appeal is ripe for dismissal. Pursuant to Rule 37.3, subsections (b) and (c), and Rule 42.3(b), we dismiss this appeal for want of prosecution. See Tex. R. App. P. 37.3(b), (c); 42.3(b).