Castille Group, L.L.C. and Joseph Castille v. Hilton Management Group, LLC and LeAnn Hilton
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Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-19-00026-CV
Castille Group, L.L.C. and Joseph Castille, Appellants
v.
Hilton Management Group, LLC and LeAnn Hilton, Appellees
FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-18-005150, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING
MEMORANDUM OPINION
The clerk’s record in this appeal was due for filing in this Court on
February 11, 2019. On February 12, 2019, we notified appellants that no clerk’s record had been
filed due to their failure to pay or make arrangements to pay the trial clerk’s fee for preparing the
clerk’s record. The notice requested that appellants make arrangements for the clerk’s record
and submit a status report regarding this appeal by February 22, 2019. Further, the notice
advised appellants that their failure to comply with this request could result in the dismissal of
the appeal for want of prosecution. To date, appellants have not filed a status report or otherwise
responded to this Court’s notice, and the clerk’s record has not been filed.
If a trial-court clerk fails to file the clerk’s record due to an appellant’s failure to
pay or make arrangements to pay for the clerk’s fee for preparing the 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). In this case, appellants have not established
that they are entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because
appellants have failed to pay or make arrangements to pay the clerk’s fee for preparing the
clerk’s record, this appeal is dismissed for want of prosecution.
__________________________________________ Edward Smith, Justice
Before Chief Justice Rose, Justices Kelly and Smith
Dismissed for Want of Prosecution
Filed: May 14, 2019
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