Zion Builders Limited Liability Company D/B/A Zion Builders v. Eric Gardunoa/K/A Eric Garduno and Karen Garduno ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00216-CV
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ZION BUILDERS LIMITED LIABILITY COMPANY D/B/A ZION
BUILDERS, Appellant
V.
ERIK GARDUNO A/K/A ERIC GARDUNO AND KAREN GARDUNO,
Appellees
__________________________________________________________________
On Appeal from the 457th District Court
Montgomery County, Texas
Trial Cause No. 19-05-06051-CV
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MEMORANDUM OPINION
Zion Builders Limited Liability Company d/b/a Zion Builders appealed from
a final judgment, signed on June 23, 2021. But after that, Zion Builders failed to pay
or arrange to pay the fee charged by the District Clerk to prepare a clerk’s record to
support the appeal. On October 22, 2021, we notified the parties that the District
Clerk had not filed a record, and we warned the parties the appeal would be
dismissed for want of prosecution unless Zion Builders explained why it needed
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more time to pay for the clerk’s record since that record was required to support its
appeal. See Tex. R. App. P. 37.3(b).
We received no response to that notice. In the absence of an explanation
justifying its failure to arrange to have the record of the proceedings that it needs to
support its appeal, we dismiss the appeal for want of prosecution. See id. 37.3(b),
42.3, 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on December 29, 2021
Opinion Delivered December 30, 2021
Before Golemon, C.J., Kreger and Horton, JJ.
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