Nejla Botrie v. Windridge Investors, LLC

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
NEJLA BOTRIE, No. 08-16-00200-CV
§
Appellant, Appeal from the
§
v. 353rd District Court
§
WINDRIDGE INVESTORS, LLC, of Travis County, Texas
§
Appellee. (TC# D-1-GN-13-003460)
§
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of prosecution. Finding that the clerk’s record has not been filed due to the
fault of the Appellant, Nejla Botrie, we dismiss the appeal for want of prosecution.
Unless otherwise excused, a non-indigent appellant must either pay for or make
arrangements for the payment of the fees related to preparation of the appellate record to ensure
that the record is timely filed. TEX.R.APP.P. 35.3(a)(2), (b)(3); see TEX.R.APP.P. 37.3(b), (c).
The clerk’s record was due to be filed on August 16, 2016. The Travis County District Clerk
notified the Court that the clerk’s record would not be filed because Appellant had not made
financial arrangements to pay for the record. In accordance with Rule 37.3(b), the Clerk of the
Court notified Appellant by letter regarding his failure to make financial arrangements to pay for
the clerk’s record and advised Appellant that the appeal would be dismissed for want of
prosecution unless he responded within ten days and showed grounds for continuing the appeal.
See TEX.R.APP.P. 37.3(b). Appellant has not filed any written response or otherwise showed that
grounds exist for the appeal to be continued. Pursuant to Rules 37.3(b) and 42.3(b) and (c), we
dismiss the appeal for want of prosecution. See TEX.R.APP.P. 37.3(b), 42.3(b), (c).
STEVEN L. HUGHES, Justice
September 16, 2016
Before McClure, C.J., Rodriguez, and Hughes, JJ.
-2-