John S. Williamson v. Green Tree North Homeowners Association, Inc.; Green Tree Architectural Control Committee; And Green Tree Country Club, Inc. ( 2024 )

Opinion filed October 31, 2024
In The
Eleventh Court of Appeals
__________
No. 11-24-00143-CV
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JOHN S. WILLIAMSON, Appellant
V.
GREEN TREE NORTH HOMEOWNERS ASSOCIATION, INC.;
GREEN TREE ARCHITECTURAL CONTROL COMMITTEE;
AND GREEN TREE COUNTRY CLUB, INC., Appellee
On Appeal from the 385th District Court
Midland County, Texas
Trial Court Cause No. CV57385
MEMORANDUM OPINION
Appellant, John S. Williamson, filed a notice of appeal on May 16, 2024,
appealing the trial court’s orders granting Appellees’ motions for summary
judgment. The following day, we notified Appellant by letter that the clerk’s record
and reporter’s record were due on or before June 17, 2024. We extended the due
date to July 17 after we were informed that Appellant had not paid or made
arrangements to pay for the records. As of July 17, Appellant had yet to pay the trial
court clerk’s fee for preparing the clerk’s record. We again extended the deadline
to August 16, 2024, ordered Appellant to pay the clerk’s fee for preparation of the
record, and further advised him that his failure to comply with this directive may
result in the dismissal of this appeal. See TEX. R. APP. P. 37.3(a)(1), (b) (permitting
dismissal of appeal if no clerk’s record filed due to appellant’s fault).
We notified Appellant on August 23 and September 18 that, due to his failure
to remit payment, we had not received the clerk’s record, and extended the filing
deadline to October 17, 2024. We have not received the clerk’s record, or any
indication that Appellant has made payment arrangements or is entitled to proceed
without payment of costs. See TEX. R. APP. P. 20.1, 37.3, 42.3. Based upon
Appellant’s failure to prosecute this appeal in a timely manner, we conclude that the
appeal should be dismissed. See id. R. 42.3(b), (c).
Accordingly, we dismiss this appeal for want of prosecution.
W. BRUCE WILLIAMS
JUSTICE
October 31, 2024
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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