Opinion
No. 04-15-00735-CV
01-27-2016
E & S OIL FIELD SERVICES, LLC, Appellant v. Juan Carlos GARZA, Appellee
MEMORANDUM OPINION
From the County Court at Law No 2, Webb County, Texas
Trial Court No. 2014CVZ000131 C3
Honorable Jesus Garza, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED FOR WANT OF PROSECUTION
The clerk's record was due on November 23, 2015, and has not been filed. The trial court clerk filed a notification of late record stating that appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, and appellant is not entitled to appeal without paying the fee. In addition, the $205 filing fee for the appeal was required to be paid by December 3, 2015, and has not been paid. On December 18, 2015, this court ordered appellant to provide written proof by December 28, 2015 that either: (1) the $205 filing fee has been paid to this court and the fee for the clerk's record has been paid, or payment arrangements have been made with the trial court clerk for preparation of the clerk's record; or (2) appellant is entitled to appeal without paying the filing fee and the fee for the clerk's record. Appellant was warned that failure to respond within the time provided would result in the appeal being dismissed for failure to pay the fees. TEX. R. APP. P. 5, 42.3(b), (c). Appellant did not respond. Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). Costs of the appeal are taxed against appellant.
PER CURIAM