Jennifer Stewart, Steven Stewart, Donald Stewart, Kathy Stewart, D/B/A Royal Horse Farms v. Sharon Lee ( 2022 )

IN THE
TENTH COURT OF APPEALS
No. 10-22-00156-CV
JENNIFER STEWART, STEVEN
STEWART, DONALD STEWART,
AND KATHY STEWART, D/B/A
ROYAL HORSE FARMS,
Appellants
v.
SHARON LEE,
Appellee
From the 13th District Court
Navarro County, Texas
Trial Court No. D20-29111-CV
MEMORANDUM OPINION
By Order dated August 25, 2022, we directed appellants to pay or make
arrangements to pay the clerk’s fee for preparation of the record within twenty-one
days. Appellants were notified that failure to do so would result in dismissal of this
appeal for want of prosecution.
Texas Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to
pay or make arrangements to pay the clerk’s fee for preparation of the record, the Court
may “dismiss the appeal for want of prosecution unless the appellant was entitled to
proceed without payment of costs. The court must give the appellant a reasonable
opportunity to cure before dismissal.” TEX. R. APP. P. 37.3(b). To date, the record does
not reflect that appellants have paid or made arrangements to pay for the clerk’s record
or that appellants are entitled to proceed without payment of costs. Therefore,
pursuant to Rule 37.3(b), we hereby dismiss this appeal for want of prosecution. Id.
Appellants’ pro se Motion for Voluntary Dismissal with Leave to Refile is
dismissed.
MATT JOHNSON
Justice
Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Appeal dismissed
Opinion delivered and filed November 2, 2022
[CV06]
Stewart v. Lee Page 2