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Saenz v. Labate

Court of Appeals of Texas, Third District, Austin
Nov 19, 2010
No. 03-10-00295-CV (Tex. App. Nov. 19, 2010)

Opinion

No. 03-10-00295-CV

Filed: November 19, 2010.

Appealed from the District Court of Travis County, 261st Judicial District No. D-1-GN-09-002198, Honorable Joseph H. Hart, Judge Presiding.

Before Chief Justice JONES, Justices PATTERSON and HENSON.

Dismissed for Want of Prosecution.


MEMORANDUM OPINION


The clerk's record in this appeal was due in this Court on June 24, 2010. On September 2, 2010, appellants were notified that no clerk's record had been filed due to their failure to pay or make arrangements to pay the district clerk's fee for preparing the clerk's record. The notice requested that appellants make arrangements for the clerk's record and submit a status report regarding this appeal by September 13, 2010. Appellants have not filed a status report or otherwise responded to this Court's notice.

If the trial court clerk fails to file the clerk's record due to appellants' failure to pay or make arrangements to pay the clerk's fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellants were entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). Because appellants have failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, this appeal is dismissed for want of prosecution.


Summaries of

Saenz v. Labate

Court of Appeals of Texas, Third District, Austin
Nov 19, 2010
No. 03-10-00295-CV (Tex. App. Nov. 19, 2010)
Case details for

Saenz v. Labate

Case Details

Full title:Marc Saenz, Shannon Saenz, and Armendina Saenz, Appellants v. Mark Anthony…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Nov 19, 2010

Citations

No. 03-10-00295-CV (Tex. App. Nov. 19, 2010)