Con-Corp Construction, L.L.C. v. J.D. Collision Express, L.L.C. ( 2016 )

\ Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00638-CV CON-CORP CONSTRUCTION, L.L.C., Appellant v. J.D. COLLISION EXPRESS, L.L.C., Appellee From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2016CI07146 Honorable David A. Canales, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: December 7, 2016 DISMISSED On September 29, 2016, appellant, Con-Corp Construction, L.L.C. filed a notice of appeal from the trial court’s judgment signed August 30, 2016. The clerk’s record was due October 31, 2016, but it was not filed. On November 1, 2016, the trial court clerk filed a notification, stating the clerk’s record would not be filed because appellant had not paid or made arrangements to pay the clerk’s fee to prepare the record and is not entitled to appeal without paying the fee. On November 4, 2016, we ordered appellant to provide written proof to this court on or before November 14, 2016, that either (1) the clerk’s fee has been paid or arrangements had been made 04-16-00638-CV to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. We advised that if appellant failed to respond within the time provided, this appeal would be dismissed. See TEX. R. APP. P. 37.3(b); 42.3(c). Appellant has not filed a response and the clerk’s record has not been filed. We therefore order this appeal dismissed. PER CURIAM -2-