Ivan Reyes and Milton Reyes, by and Through Next of Friends, Carlos Reyes and Ma. Esther Reyes v. Teresa Morris, Individually and D/B/A Teresa Faye Morris, D.D.S., P.C.

• Court: Court of Appeals of Texas
• Decided: June 20, 2002
• Docket: 13-02-00104-CV
• Status: Published

Opinion

                                   NUMBER 13-02-104-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

IVAN REYES AND MILTON REYES, BY AND

THROUGH NEXT OF FRIENDS, CARLOS REYES

AND MA. ESTHER REYES,                                                    Appellants,

                                                   v.

TERESA MORRIS, INDIVIDUALLY AND

D/B/A TERESA FAYE MORRIS, D.D.S., P.C.,                             Appellee.

                        On appeal from the 357th District Court

                                 of Cameron County, Texas.

                                   O P I N I O N

                   Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellants, IVAN REYES AND MILTON REYES, BY AND THROUGH NEXT OF FRIENDS, CARLOS REYES AND MA. ESTHER REYES, perfected an appeal from a judgment entered by the 357th District Court of Cameron County, Texas, in cause number 2000-02-614-E.  No clerk=s record has been filed due to appellants= failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record. 

If the trial court clerk fails to file the clerk=s record because the appellant failed to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s 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).

On April 22, 2002, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b).  Appellants were given ten days to explain why the cause should not be dismissed.  To date, no response has been received from appellants.

The Court, having examined and fully considered the documents on file, appellants= failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record,  this Court=s notice, and appellants= failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 20^th day of June, 2002.