Commerce Gardens, LLC. v. Damon L. Thompson ( 2021 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
COMMERCE GARDENS, L.L.C., §
Appellant, § No. 08-21-00084-CV
v. § Appeal from the
DAMON L. THOMPSON, § County Court at Law No. 3
Appellee. § of Bexar County, Texas 1
§ (TC# 2020CV04661)
§
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of prosecution. Finding that the Appellant has not paid the $205 filing fee or
shown Appellant is excused from paying the filing fee, we dismiss the appeal for want of
prosecution.
On May 3, 2021, the Clerk of the Court sent a second request for payment of the $205 case
filing fee. The letter notified Appellant that failure to pay the case filing fee within 20 days could
result in dismissal of the appeal for want of prosecution pursuant to TEX.R.APP.P. 42.3(b) and (c).
As of this date, Appellant has not paid the filing fee or otherwise shown it is excused from paying
1
We hear this case on transfer from Fourth Court of Appeals in San Antonio. See TEX.R.APP.P. 41.3.
the fee. 2
Pursuant to Rule 42.3(b) and (c), we dismiss this appeal for want of prosecution. See
TEX.R.APP.P. 42.3(b), (c).
June 28, 2021
YVONNE T. RODRIGUEZ, Chief Justice
Before Rodriguez, C.J., Palafox, and Alley, JJ.
(Do Not Publish)
2
We also note that Appellant has failed to make arrangements to pay for the clerk’s record in this appeal. Failure to
make arrangements to pay for the clerk’s record may also result in dismissal.
2