Opinion
NO. 03-15-00721-CV
06-22-2016
Jeffrey "Tre" Krueger, Individually and derivatively on behalf of CRU Energy, Inc., Appellant v. Michael S. Torres, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 201ST JUDICIAL DISTRICT
NO. D-1-GN-11-001680, HONORABLE TIM SULAK, JUDGE PRESIDINGMEMORANDUM OPINION
The appellate record must include the clerk's record from the trial court. The clerk's record in this cause was due in this Court on January 19, 2016, but no record was filed. We received notice from the Travis County district clerk's office on January 19, 2016, that appellant had neither paid for nor designated the record. Nor had appellant filed an affidavit of indigence.
See Tex. R. App. P. 34.1, 34.5(a).
See id. R. 20.1.
Under these circumstances, this Court may dismiss the appeal for want of prosecution. Despite repeated subsequent advisories and requests from this Court that appellant make payment arrangements for the record or risk dismissal, and contrary to a letter from appellant representing that he had done so, the Travis County district clerk's office has advised us on June 14, 2016, that appellant has neither paid for nor made a designation of the record. We dismiss the appeal for want of prosecution.
See id. R. 37.3(b).
See id. R. 37.3(b), 42.3(b), (c). --------
/s/_________
Bob Pemberton, Justice Before Chief Justice Rose, Justices Pemberton and Bourland Dismissed for Want of Prosecution Filed: June 22, 2016