Abelardo G. Gonzalez v. Alberto J. Gonzalez, Sergio R. Gonzalez, Rosalinda Gonzalez, Dianna Gonzalez

• Court: Court of Appeals of Texas
• Decided: May 24, 2023
• Docket: 04-23-00066-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00066-CV

Abelardo G. GONZALEZ, Appellant

v.

Alberto J. GONZALEZ, Sergio R. Gonzalez, Rosalinda Gonzalez, Dianna Gonzalez, Appellees

From the 341st Judicial District Court, Webb County, Texas Trial Court No. 2018CVH001007D3 Honorable Joel B. Johnson, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

Delivered and Filed: May 24, 2023

DISMISSED FOR WANT OF PROSECUTION

On April 13, 2023, the trial court clerk filed a notification of late record, stating that the

appellant had failed to pay or make arrangements to pay the fee for preparing the clerk’s record.

On April 25, 2023, we ordered appellant to provide written proof to this court within ten days that

either (1) the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee; or

(2) appellant was entitled to appeal without paying the clerk’s fee. We warned that if appellant

failed to respond, this appeal would be dismissed for want of prosecution. Appellant failed to

respond. We, therefore, dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b) 04-23-00066-CV

(allowing appellate courts to dismiss an appeal for want of prosecution when an appellant fails to

pay or make arrangements to pay the fee for preparing the clerk’s record); see also TEX. R. APP.

P. 42.3(c) (allowing appellate courts to dismiss an appeal when an appellant fails to comply with

a court order).

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