Opinion
No. 04-15-00712-CV
01-20-2016
Sergio ALANIS, Sr., Maria Guadalupe Alanis, Susie Alanis, Sergio Alanis, Jr., Alonzo Alanis, Appellants v. Jesus Maria ALVAREZ, et al., Appellees
From the 381st Judicial District Court, Starr County, Texas
Trial Court No. DC-00-328
The Honorable Federico Hinojosa, Judge Presiding
ORDER
The clerk's record was due December 28, 2015. On January 5, 2016 the clerk filed a notification of late record stating the clerk's record was not filed on the due date because appellant has not paid or made arrangements to pay the clerk's fee to prepare the record and appellant is not entitled to the record without paying the fee.
Accordingly, we ordered appellant to provide written proof to this court that either (1) the clerk's fee has been paid or arrangements satisfactory to the clerk have been made to pay the clerk's fee, or (2) appellant is entitled to the clerk's record without prepayment of the clerk's fee. See id. R. 20.1, 35.3(a). We advised appellant that if he failed to file such proof within the time provided, we would dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b).
On January 13, 2016, appellant filed a letter in this court in which he states he has made arrangements with the Starr County Clerk's office for payment and preparation of the clerk's record. However, appellant did not file proof of payment, nor did he file proof establishing what arrangements were made or proof that such arrangements were satisfactory to the Starr County Clerk. Accordingly, appellant's notice is insufficient to comply with our previous order.
Accordingly, we ORDER appellant to file written proof in this court on or before January 25, 2016 that the clerk's fee has been paid in its entirety, or proof of the arrangements appellant made with the clerk regarding payment and that those arrangements are satisfactory to the clerk, i.e., the clerk will file the clerk's record based on the arrangements made. If appellant fails to file such proof within the time provided, we will dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b).
We order the clerk of this court to serve a copy of this order on all counsel, the district clerk, and any court reporter.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 20th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court