121 FM 971 Management, LLC and 521 South Heatherwilde Boulevard Management, LLC v. Park Place Healthcare Center, LLC; And Pflugerville Healthcare Center, LLC

• Court: Court of Appeals of Texas
• Decided: January 24, 2025
• Docket: 03-24-00663-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-24-00663-CV

121 FM 971 Management, LLC and 521 South Heatherwilde Boulevard Management, LLC, Appellants

v.

Park Place Healthcare Center, LLC and Pflugerville Healthcare Center, LLC, Appellees

FROM THE 201ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-24-006527, THE HONORABLE JAN SOIFER, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on

November 15, 2024. On November 18, 2024, 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 December 2, 2024. 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

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.

__________________________________________ Maggie Ellis, Justice

Before Chief Justice Byrne, Justices Kelly and Ellis

Dismissed for Want of Prosecution

Filed: January 24, 2025