Frank Peter Chmielowski v. Irma L. Ambriz and Juanita Ramirez

• Court: Court of Appeals of Texas
• Decided: December 7, 2023
• Docket: 13-23-00391-CV
• Status: Published

Opinion

NUMBER 13-23-00391-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

FRANK PETER CHMIELOWSKI, Appellant,

v.

IRMA L. AMBRIZ AND JUANITA RAMIREZ, Appellees.

On appeal from the 197th District Court of Willacy County, Texas.

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Tijerina Memorandum Opinion by Justice Benavides

This cause is before the Court on its own motion. On August 30, 2023, appellant

filed a notice of appeal. The clerk's record was due on October 2, 2023. On October 11,

2023, the Clerk of the Court notified appellant that the deputy district clerk, Marissa

Chavez, notified the Court that appellant had failed to make arrangements for payment of the clerk's record. Appellant was notified that unless he made arrangements to pay for

the clerk’s record and proof of payment was provided to the Court within ten days, the

appeal was subject to dismissal for want of prosecution. See TEX. R. APP. 37.3(b).

No clerk’s record has been filed due to appellant’s failure to pay or make payment

arrangements, and appellant has failed to comply with a notice from the Clerk of the Court

requiring a response or other action within the time specified; accordingly, the appeal is

dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b) and 42.3(b), (c).

GINA M. BENAVIDES Justice

Delivered and filed on the 7th day of December, 2023.