Blanca Estela Bejarano and Armando Bejarano v. Oliphant Financial Corporation

• Court: Court of Appeals of Texas
• Decided: May 24, 2007
• Docket: 13-07-00028-CV
• Status: Published

Opinion

NUMBER 13-07-028-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

BLANCA ESTELA BEJARANO AND

ARMANDO BEJARANO, Appellants,

v.

OLIPHANT FINANCIAL CORPORATION, Appellee.

On appeal from County Court at Law No. 1

of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Justices Yañez, Garza, and Benavides

Memorandum Opinion Per Curiam

Appellants, BLANCA ESTELA BEJARANO AND ARMANDO BEJARANO, perfected an appeal from a judgment entered by County Court at Law No. 1 of Hidalgo County, Texas, in cause number CL-05-1619-A. No clerk's record has been filed due to appellants' failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record.

If the trial court clerk fails to file the clerk's record because the appellant failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's 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).

On February 16, 2007, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b). Appellants were given ten days to explain why the cause should not be dismissed. To date, no response has been received from appellants.

The Court, having examined and fully considered the documents on file, appellants' failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, this Court's notice, and appellants' failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 24^th day of May, 2007.