Daniel Smith v. Schwartz Properties, LLC ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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DANIEL SMITH, No. 08-15-00073-CV
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APPELLANT, Appeal from the
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V. County Court at Law No. 2
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SCHWARTZ PROPERTIES, LLC of Denton County, Texas
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APPELLEE. (TC# CV-2014-02613)
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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 clerk’s record has not been filed due to the
fault of the Appellant, Daniel Smith, we dismiss the appeal for want of prosecution.
Unless otherwise excused, a non-indigent appellant must either pay for or make
arrangements for the payment of the fees related to preparation of the appellate record to ensure
that the record is timely filed. TEX.R.APP.P. 35.3(a)(2), (b)(3); see TEX.R.APP.P. 20.1(c);
37.3(b), (c). The clerk’s record was due to be filed on July 1, 2015. The Denton County Clerk
notified the Court that the clerk’s record would not be filed because Appellant has not made
financial arrangements for the preparation of the clerk’s record.
In accordance with Rule 37.3(b), the Clerk of the Court notified Appellant by letter
regarding his failure to make financial arrangements to pay for the clerk’s record and advised
him that the appeal would be dismissed for want of prosecution unless he responded within ten
days and showed grounds for continuing the appeal. See TEX.R.APP.P. 37.3(b). Appellant has
not filed any written response or otherwise showed that grounds exist for the appeal to be
continued. Pursuant to Rules 37.3(b), we dismiss the appeal for want of prosecution. See
TEX.R.APP.P. 37.3(b)(authorizing appellate court to dismiss appeal for want of prosecution if the
clerk’s record is not filed because appellant failed to make payment arrangements for preparation
of the clerk’s record).
July 24, 2015
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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