Opinion
No. 04-13-00431-CV
08-08-2013
Jim R. LONG individually and as general partner of Long Properties LTD and R.L. Owens, Appellants v. Jerlean Gohmert THEIS and Kenneth Theis, Appellees
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 09-10-48435-CV
Honorable Richard C. Terrell, Judge Presiding
ORDER
Appellants filed their notice of appeal on July 9, 2013. The clerk's record and reporter's record are due on August 12, 2013. The district court clerk has filed a notification of late record stating that the clerk's record will not be timely filed because appellants have failed to pay or make arrangements to pay the fee for preparing the record and appellants are not entitled to appeal without paying the fees. The court reporter responsible for preparing the reporter's record has similarly informed the court that she has not received payment for the reporter's record and appellants are not entitled to a free reporter's record.
It is therefore ORDERED that appellants provide written proof to this court within ten (10) days of the date of this order that either (1) the clerk's fee for preparing the clerk's record has been paid or arrangements have been made to pay the clerk's fee, and (2) a written request has been made for preparation of the reporter's record pursuant to TEX. R. APP. P. 34.6 (b)(1), and the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (3) appellants are entitled to appeal without paying the clerk's fee and the court reporter's fee.
If appellants fail to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
___________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of August, 2013.
___________
Keith E. Hottle
Clerk of Court