Gabriel Rodriguez Sr., Gabriel Rodriguez Jr., Paul Celestine v. HillCorp Energy Company ( 2022 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00615-CV Gabriel RODRIGUEZ Sr., Gabriel Rodriguez Jr., and Paul Celestine, Appellants v. HILLCORP ENERGY COMPANY, Virginia Rodriguez, Imelda Garza Saenz, Maria Lilia Henkel, Israel Guerra, Mario Corona, Blanca Corona Garza, Homero Corona, Rosie Ownsby, Delia Rodriguez, Rudy Rodriguez, Estate of Filiberto Garza, and Josie (Fields) Rodriguez, Appellees From the 229th Judicial District Court, Starr County, Texas Trial Court No. DC-22-282 Honorable Baldemar Garza, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: November 23, 2022 DISMISSED FOR WANT OF PROSECUTION From the limited record before us, it appears the clerk’s record was due on September 29, 2022. See TEX. R. APP. P. 35.1(b). After no clerk’s record was timely filed, on October 25, 2022, we ordered Appellants to file written proof by November 3, 2022, that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee, or (2) Appellants are entitled to a free clerk’s record. We warned Appellants that if they failed to respond as ordered, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). 04-22-00615-CV On October 31, 2022, Appellees filed a motion to affirm the trial court’s order. On November 3, 2022, Appellant Gabriel G. Rodriguez Sr. filed an amended brief and a motion for leave to file the amended brief. To date, Appellants have not filed written proof regarding the clerk’s record as ordered. We dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). We STRIKE Appellant’s Amended Brief; all pending motions for relief are DENIED. PER CURIAM -2-