Carlos Garcia v. Jeffrey C. Reese, M.D.

• Court: Court of Appeals of Texas
• Decided: March 28, 2024
• Docket: 13-24-00097-CV
• Status: Published

Opinion

NUMBER 13-24-00097-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

CARLOS GARCIA, Appellant,

v.

JEFFREY C. REESE, M.D., Appellee.

ON APPEAL FROM THE 138TH DISTRICT COURT OF CAMERON COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Benavides, Tijerina, and Silva Memorandum Opinion by Justice Benavides

On January 12, 2024, appellant Carlos Garcia filed a notice of appeal from an order

granting summary judgment in favor of appellee Jeffrey C. Reese, M.D. On February 8,

2024, the Clerk of this Court advised appellant that the deputy district clerk had notified

the Court that appellant had failed to arrange for payment of the clerk’s record, and further

advised appellant that the appeal would be subject to dismissal for want of prosecution unless appellant arranged to pay for the clerk’s record and provided proof of payment to

the Court within ten days. See TEX. R. APP. P. 37.3(b). That same day, the Clerk advised

appellant that the court reporter had also notified the Court that appellant had failed to

request the reporter’s record, and that the Court would consider and decide those issues

that did not require a reporter’s record for a decision unless the defect was cured within

ten days. See id. R. 37.3(c). To date, appellant has not responded to the Clerk’s

directives.

This Court has the authority to dismiss an appeal because the appellant has failed

to comply with a requirement of the appellate rules, a court order, or a notice from the

clerk requiring a response or other action within a specified time. See id. R. 42.3(b), (c);

Smith v. DC Civil Constr., LLC, 521 S.W.3d 75, 76 (Tex. App.—San Antonio 2017, no

pet.). Here, appellant has not responded to the Clerk’s directives, filed the clerk’s record,

or filed the reporter’s record. Accordingly, we dismiss this appeal. See TEX. R. APP. P.

42.3(b), (c).

GINA M. BENAVIDES Justice

Delivered and filed on the 28th day of March, 2024.