Aron Smith and Sandra Smith v. Antigua III Phase Four Homeowners Association, Inc.

• Court: Court of Appeals of Texas
• Decided: October 7, 2021
• Docket: 02-21-00223-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-21-00223-CV ___________________________

ARON SMITH AND SANDRA SMITH, Appellants

V.

ANTIGUA III PHASE FOUR HOMEOWNERS ASSOCIATION, INC., Appellee

On Appeal from the 17th District Court Tarrant County, Texas Trial Court No. 017-322780-21

Before Sudderth, C.J.; Kerr and Birdwell, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

On September 13, 2021, we notified appellants that the trial-court clerk—the

clerk responsible for preparing the record in this appeal—had informed us that

appellants had not arranged to pay for the record as the appellate rules require. See

Tex. R. App. P. 35.3(a)(2). In our notice, we warned appellants that we would dismiss

the appeal for want of prosecution unless, within ten days, appellants arranged to pay

for the clerk’s record and provided us with proof of payment. See Tex. R. App. P.

35.3(c), 37.3(b), 44.3. Ten days have passed, and Appellants have not made payment

arrangements or provided proof of payment. Accordingly, we dismiss the appeal for

want of prosecution. See Tex. R. App. P. 37.3(b), 42.3(b), 43.2(f).

Appellants must pay all costs of this appeal. See Tex. R. App. P. 43.4.

Per Curiam

Delivered: October 7, 2021