Castine McIlhargey and Jody McIntyre, Individually, and Derivatively on Behalf of A+ Pro Recovery and Towing, LLC v. Erik M. Hager, Jason Rios, Eduardo Pena, Joanna Pena, and South Padre Towing and Recovery, LLC

Opinion

NUMBER 13-21-00291-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

CASTINE MCILHARGEY AND JODY MCINTYRE, INDIVIDUALLY, AND DERIVATIVELY ON BEHALF OF A+ PRO RECOVERY AND TOWING, LLC, Appellants,

v.

ERIK M. HAGER, JASON RIOS, EDUARDO PENA, JOANNA PENA, AND SOUTH PADRE TOWING AND RECOVERY, LLC, Appellees. ____________________________________________________________

On appeal from the 107th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Longoria On September 9, 2021, appellants filed a notice of appeal. On September 23,

2021, the Clerk of the Court notified appellants that the clerk's record in the above cause

was due on September 17, 2021, and that the deputy district clerk, Silva Mata, had

notified this Court that appellants failed to make arrangements for payment of the

clerk's record. The Clerk of this Court notified appellants of this failure so that steps could

be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.3,

42.3(b),(c). Appellants were advised that, if arrangements to pay for the clerk’s record

and proof of payment were not made and filed within ten days from the date of receipt of

this notice, the appeal would be dismissed for want of prosecution.

Appellants failed to comply with the notice from the clerk requiring a response or

other action within the time specified; accordingly, the appeal is dismissed for want of

prosecution. See TEX. R. APP. P. 42.3(b), (c).

NORA L. LONGORIA Justice

Delivered and filed on the 28th day of October, 2021.