Biolustre, Inc. v. Stanka P. Woods Living Trust ( 2012 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00639-CV
BIOLUSTRE, INC.,
Appellant
v.
STANKA P. WOODS LIVING TRUST,
Appellee
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CI-17158
Honorable Peter A. Sakai, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: December 5, 2012
DISMISSED FOR WANT OF PROSECUTION
On November 1, 2012, the trial court clerk filed a notification of late record, stating that
the clerk’s record had not been filed because appellant had failed to pay or make arrangements to
pay the clerk’s fee for preparing the record and that appellant is not entitled to appeal without
paying the fee. On November 6, 2012, appellant was ordered to provide written proof to this
court by November 16, 2012, establishing that either (1) the clerk’s fee had been paid or
arrangements had been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without
paying the clerk’s fee. The order cautioned appellant that if no response was filed within the
time provided, the appeal would be dismissed for want of prosecution. See TEX. R. APP. P.
37.3(b).
Appellant did not respond to this court’s order. Therefore, the appeal is dismissed for
want of prosecution. See id. Costs of appeal are taxed against appellant.
PER CURIAM