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Rodriguez v. Darnell

Court of Appeals of Texas, Eighth District, El Paso
Aug 30, 2021
No. 08-21-00118-CV (Tex. App. Aug. 30, 2021)

Opinion

08-21-00118-CV

08-30-2021

ELDON RODRIGUEZ and MARIA RODRIGUEZ, Appellants, v. ERIC BLISS DARNELL d/b/a THE LAW OFFICE OF ERIC B. DARNELL, and ERIC B. DARNELL, P.C., Appellees.


Appeal from the 210th District Court of El Paso County, Texas (TC# 2019-DCV-2871)

Before Rodriguez, C.J., Palafox, and Alley, JJ.

MEMORANDUM OPINION

JEFF ALLEY, JUSTICE

This appeal is before the Court on its own motion to determine whether it should be dismissed for want of prosecution. Finding that the clerk's record has not been filed because Appellants have failed to make financial arrangements to pay for the clerk's record, we dismiss the appeal for want of prosecution.

The El Paso County District Clerk notified the Court that Appellants have not made financial arrangements to pay for preparation of the clerk's record as required by TEX.R.APP.P. 35.3(a)(2). The Clerk of the Court twice notified Appellants that the Court intended to dismiss the appeal for want of prosecution unless Appellants responded within ten days and showed grounds for continuing the appeal. See TEX.R.APP.P. 37.3(b). Appellants have not filed any response establishing they are entitled to appeal without paying for the clerk's record, nor have Appellants otherwise shown that arrangements to pay for preparation of the clerk's record have been made. We conclude that the clerk's record has not been filed due to the fault of the Appellants. Accordingly, we dismiss the appeal for want of prosecution. See TEX.R.APP.P. 37.3(b), 42.3(b), (c).


Summaries of

Rodriguez v. Darnell

Court of Appeals of Texas, Eighth District, El Paso
Aug 30, 2021
No. 08-21-00118-CV (Tex. App. Aug. 30, 2021)
Case details for

Rodriguez v. Darnell

Case Details

Full title:ELDON RODRIGUEZ and MARIA RODRIGUEZ, Appellants, v. ERIC BLISS DARNELL…

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Aug 30, 2021

Citations

No. 08-21-00118-CV (Tex. App. Aug. 30, 2021)