Mark Homer A/K/A Doc's Space Center v. Ernesto Martinez ( 2018 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00768-CV
Mark HOMER a/k/a Doc’s Space Center,
Appellant
v.
Ernesto MARTINEZ,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 380903A
Honorable David J. Rodriguez, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: December 5, 2018
DISMISSED FOR WANT OF PROSECUTION
In this appeal, the clerk’s record was due on October 29, 2018. See TEX. R. APP. P. 35.1.
A few days later, the Bexar County District Clerk notified this court that Appellant Mark Homer
a/k/a Doc’s Space Center had not paid the clerk’s fee for preparing the record and Appellant is not
entitled to a free clerk’s record.
On November 15, 2018, we ordered Appellant to file written proof with this court by
November 26, 2018, that either (1) the clerk’s fee has been paid or arrangements have been made
to pay the clerk’s fee, or (2) Appellant is entitled to appeal without paying the clerk’s fee. We
04-18-00768-CV
warned Appellant that if he failed to respond as ordered, this appeal would be dismissed for want
of prosecution. See TEX. R. APP. P. 37.3(b).
To date, Appellant has not filed any response with this court. Therefore, we dismiss this
appeal for want of prosecution. See id. R. 37.3(b), 42.3(b), (c).
PER CURIAM
-2-