Edifika Investments, LLC D/B/A Military Village Apartments v. Chain & Chain Construction, LLC ( 2022 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00568-CV EDIFIKA INVESTMENTS, LLC d/b/a Military Village Apartments, Appellant v. CHAIN & CHAIN CONSTRUCTION, LLC, Appellee From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CI-14175 Honorable Nicole Garza, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios Justice Beth Watkins, Justice Delivered and Filed: March 9, 2022 DISMISSED FOR WANT OF PROSECUTION On December 20, 2021, appellant Edifika Investments, LLC d/b/a Military Village Apartments filed a notice of appeal, stating its intent to appeal the trial court’s judgment entered on September 21, 2021. The clerk’s record was due January 19, 2022, but it was not filed. See TEX. R. APP. P. 35.1(c). On January 25, 2022, the district clerk filed a notification stating the clerk’s record would not be filed because appellant had not paid or made arrangements to pay the clerk’s fee to prepare the record and is not entitled to appeal without paying the fee. On January 26, 2022, we ordered appellant to provide written proof to this court on or before February 7, 2022 04-21-00568-CV showing either (1) the clerk’s fee has been paid or arrangements had been made to pay the clerk’s fee; or (2) he is entitled to appeal without paying the clerk’s fee. We cautioned appellant if it failed to respond within the time provided, its appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b); 42.3(c). Appellant has not filed a response. We therefore order this appeal dismissed for want of prosecution. We further order appellee Chain & Chain Construction, LLC recover its costs in this appeal, if any, from appellant Edifika Investments, LLC d/b/a/ Military Village Apartments. PER CURIAM -2-