Oaklawn Apartments, Ltd. v. State ( 2016 )

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00287-CV OAKLAWN APARTMENTS, LTD. APPELLANT V. THE STATE OF TEXAS APPELLEE ------------ FROM COUNTY COURT AT LAW NO. 3 OF TARRANT COUNTY TRIAL COURT NO. 2016-000101-3 ------------ MEMORANDUM OPINION1 AND JUDGMENT ------------ On October 20, 2016, we notified appellant that the trial court clerk responsible for preparing the record in this appeal had informed the court that payment arrangements had not been made to pay for the clerk’s record as required by Texas Rule of Appellate Procedure 35.3(a)(2). See Tex. R. App. P. 35.3(a)(2). We stated that we would dismiss the appeal for want of prosecution 1 See Tex. R. App. P. 47.4. unless appellant, within ten days, made arrangements to pay for the clerk’s record and provided this court with proof of payment. See Tex. R. App. P. 37.3(b). Because appellant has not made payment arrangements for the clerk’s record, it is the opinion of the court that the appeal should be dismissed for want of prosecution. Accordingly, we dismiss the appeal. See Tex. R. App. P. 37.3(b), 42.3(b), 43.2(f). Appellant shall pay all costs of the appeal, for which let execution issue. PER CURIAM PANEL: SUDDERTH, J.; LIVINGSTON, C.J.; and WALKER, J. DELIVERED: November 23, 2016 2