121 FM 971 Management, LLC; 521 South Heatherwilde Boulevard Management, LLC; David Efroymson; Daniel Zemel; And Josh Gellis v. Park Place Property Holdings, LLC and Dillon Property Holdings, LLC

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00010-CV

121 FM 971 Management, LLC; 521 South Heatherwilde Boulevard Management, LLC;

David Efroymson; Daniel Zemel; and Josh Gellis, Appellants

v.

Park Place Property Holdings, LLC and Dillon Property Holdings, LLC, Appellees

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-23-002399, THE HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on January 31, 2025. On February 24, 2025, we notified appellants that no clerk’s record had been filed due to their failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellants make arrangements for the clerk’s record and submit a status report regarding this appeal by March 6, 2025. Further, the notice advised appellants that their failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, appellants have not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has not been filed.

If a trial-court clerk fails to file the clerk’s record due to an appellant’s failure to pay or make arrangements to pay for the clerk’s fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellants have not established

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that they are entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because appellants have failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution.

__________________________________________

Chari L. Kelly, Justice

Before Chief Justice Byrne, Justices Kelly and Ellis Dismissed for Want of Prosecution Filed: April 4, 2025