Jennifer Stewart, Steven Stewart, Donald Stewart, Kathy Stewart, D/B/A Royal Horse Farms v. Sharon Lee

• Court: Court of Appeals of Texas
• Decided: November 2, 2022
• Docket: 10-22-00156-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-22-00156-CV

JENNIFER STEWART, STEVEN STEWART, DONALD STEWART, AND KATHY STEWART, D/B/A ROYAL HORSE FARMS, Appellants v.

SHARON LEE, Appellee

From the 13th District Court Navarro County, Texas Trial Court No. D20-29111-CV

MEMORANDUM OPINION

By Order dated August 25, 2022, we directed appellants to pay or make

arrangements to pay the clerk’s fee for preparation of the record within twenty-one

days. Appellants were notified that failure to do so would result in dismissal of this

appeal for want of prosecution.

Texas Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to

pay or make arrangements to pay the clerk’s fee for preparation of the record, the Court may “dismiss the appeal for want of prosecution unless the appellant was entitled to

proceed without payment of costs. The court must give the appellant a reasonable

opportunity to cure before dismissal.” TEX. R. APP. P. 37.3(b). To date, the record does

not reflect that appellants have paid or made arrangements to pay for the clerk’s record

or that appellants are entitled to proceed without payment of costs. Therefore,

pursuant to Rule 37.3(b), we hereby dismiss this appeal for want of prosecution. Id.

Appellants’ pro se Motion for Voluntary Dismissal with Leave to Refile is

dismissed.

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Appeal dismissed Opinion delivered and filed November 2, 2022 [CV06]

Stewart v. Lee Page 2