El Paso Behavioral Hospital LLC, D/B/A Rio Vista Behavioral Health Hospital v. Mark v. Torrez, Individually and as Representative of A.V.T., a Minor ( 2023 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
EL PASO BEHAVIORAL HOSPITAL LLC, § No. 08-23-00342-CV
D/B/A/ RIO VISTA BEHAVIORAL
HEALTH HOSPITAL, § Appeal from the
Appellant, § County Court at Law No. 3
v. § of El Paso County, Texas
MARK V. TORREZ, Individually and as § (TC#2022DCV2944)
Representative of A.V.T., a Minor,
§
Appellee.
§
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed. See TEX. R. APP. P. 42.3.
On December 4, 2023, the Clerk of this Court sent a letter notifying Appellant that the
Court intended to dismiss the appeal for want of prosecution because no financial or other
arrangements for the preparation of the clerk’s record had been made as required by Texas Rule
of Appellate Procedure 35.3(a)(2). See TEX. R. APP. P. 35.3(a)(2).
The letter notified Appellant that this appeal would be subject to dismissal on or after ten
days of the date of the notice if Appellant failed to make the required arrangements or show
grounds for continuing the appeal. See TEX. R. APP. P. 37.3(b) (allowing an appellate court to
dismiss an appeal on its own motion for want of prosecution if the appellant fails to make
arrangements for the preparation of the clerk’s record).
As of this date, which is more than ten days after the date of the notice, Appellants have
not made arrangements for the clerk’s record or otherwise shown grounds for continuing the
appeal. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); 42.3(b), (c).
JEFF ALLEY, Chief Justice
December 20, 2023
Before Alley, C.J., Palafox, and Soto, JJ.
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