Joseph Zapata and Maria Banda v. Walter Mortgage Company LLC ( 2014 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00882-CV Joseph ZAPATA and Maria Banda, Appellants v. Walter Mortgage Company LLC, WALTER MORTGAGE COMPANY LLC, et al., Appellee From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 10-03-48880-CV Honorable Richard C. Terrell, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: February 5, 2014 DISMISSED FOR WANT OF PROSECUTION The clerk’s record was due on January 13, 2014. On January 6, 2014, the trial court clerk filed a Notification of Late Record stating the clerk’s record would not be filed because appellants had failed to pay or make arrangements to pay the clerk’s fee for preparing the record and that appellants are not entitled to appeal without paying the fee. Accordingly, on January 13, 2014, this court ordered appellants to provide written proof to this court no later than January 23, 2014 that either (1) the clerk’s fee had been paid or arrangements have been made to pay the clerk’s fee; or (2) appellants are entitled to appeal without paying the clerk’s fee. Our order cautioned 04-13-00882-CV appellants that if they failed to file such written proof within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellants have not responded; therefore, this appeal is dismissed. PER CURIAM -2-