in the Matter of the Estate of Ben Garza, III

Court of Appeals of Texas

in the Matter of the Estate of Ben Garza, III

DecidedSeptember 29, 2021

Docket04-21-00363-CV

StatusPublished

This text of in the Matter of the Estate of Ben Garza, III (in the Matter of the Estate of Ben Garza, III) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in the Matter of the Estate of Ben Garza, III, (Tex. Ct. App. 2021).

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Opinion

Fourth Court of Appeals San Antonio, Texas September 29, 2021

No. 04-21-00363-CV

IN THE MATTER OF THE ESTATE OF BEN ARZA, III, DECEASED

From the County Court, Guadalupe County, Texas Trial Court No. 2020-PC-0203 Honorable Bill Squires, Judge Presiding

ORDER

The clerk’s record is presently due on November 29, 2021. On September 27, 2021, the trial court clerk filed a notification of late clerk’s record, stating appellant is not entitled to appeal without paying the fee, and the appellant has failed to pay the fee for preparing the record.

We, therefore, ORDER appellant to provide written proof to this court no later than October 11, 2021 that either (1) the clerk’s fee for preparing the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. If appellant fails to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal for want of prosecution if clerk’s record is not filed due to appellant’s fault); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of this court).

_________________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of September, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas September 29, 2021

No. 04-21-00363-CV

IN THE MATTER OF THE ESTATE OF BEN ARZA, III, DECEASED

From the County Court, Guadalupe County, Texas Trial Court No. 2020-PC-0203 Honorable Bill Squires, Judge Presiding

ORDER

The clerk’s record is presently due on November 29, 2021. On September 27, 2021, the trial court clerk filed a notification of late clerk’s record, stating appellant is not entitled to appeal without paying the fee, and the appellant has failed to pay the fee for preparing the record.

We, therefore, ORDER appellant to provide written proof to this court no later than October 11, 2021 that either (1) the clerk’s fee for preparing the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. If appellant fails to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal for want of prosecution if clerk’s record is not filed due to appellant’s fault); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of this court).

_________________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of September, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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in the Matter of the Estate of Ben Garza, III, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-estate-of-ben-garza-iii-texapp-2021.