B&P Development, LLC and Chad H. Foster Jr. v. Knighthawk, LLC, Series G

Opinion

Fourth Court of Appeals

San Antonio, Texas

October 27, 2015

No. 04-15-00575-CV

B&P DEVELOPMENT, LLC and Chad H. Foster, Jr., Appellants

v.

KNIGHTHAWK, LLC, Series G., Appellee

From the 83rd Judicial District Court, Val Verde County, Texas Trial Court No. 29842

Honorable Stephen B. Ables, Judge Presiding

ORDER

The clerk’s record was due October 23, 2015, but was not filed. On October 27, 2015, the clerk filed a notification of late record stating the clerk’s record was not filed because appellants have not paid or made arrangements to pay the clerk’s fee to prepare the record and appellants are not entitled to the record without paying the fee. 1

Accordingly, we ORDER appellants to provide written proof to this court on or before November 6, 2015 that either (1) the clerk’s fee has been paid or arrangements satisfactory to the clerk have been made to pay the clerk’s fee; or (2) appellants are entitled to the clerk’s record without prepayment of the clerk’s fee. See TEX. R. APP. P. 20.1, 35.3(a). If appellants fail to file such proof within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).

We order the clerk of this court to serve a copy of this order on the district clerk, the court reporter, and all counsel.

_________________________________

Marialyn Barnard, Justice

1 We note that this court has also been advised that appellants have failed to pay for the reporter’s record, and the reporter intends to file a notification of letter record stating same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of October, 2015.

___________________________________

Keith E. Hottle Clerk of Court