John Schwitz v. Alpha Precast Concrete LLC, and David Salazar

• Court: Court of Appeals of Texas
• Decided: May 30, 2023
• Docket: 08-23-00090-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

JOHN SCHWITZ, § No. 08-23-00090-CV Appellant, § Appeal from the v. § 441st Judicial District Court ALPHA PRECAST CONCRETE LLC, and DAVID SALAZAR, § of Midland County, Texas Appellees. § (TC# CV57937)

MEMORANDUM OPINION

This appeal is before the Court on its own motion for determination of whether it should

be dismissed for want of prosecution. See TEX. R. APP. P. 42.3. Finding the clerk’s record has not

been filed due to the fault of Appellant, we dismiss the appeal for want of prosecution. 1

After the Midland County District Clerk notified this Court of Appellant’s failure to pay

or to arrange to pay for preparation of the clerk’s record, the Clerk of this Court sent a letter to all

parties on May 11, 2023, giving ten days’ notice of the Court’s intention to dismiss the appeal for

want of prosecution unless Appellant provided grounds for continuing the appeal. See TEX. R. APP.

1 We hear this case on transfer from the Eleventh Court of Appeals in Eastland. See TEX. R. APP. P. 41.3. P. 37.3(b) (authorizing appellate court to dismiss appeal if no clerk’s record is prepared due to

Appellant’s fault).

As of this date, more than ten days have elapsed from this Court’s notice, yet Appellant

has not paid (or arranged to pay) for preparation of the clerk’s record, nor has he otherwise shown

he is excused from paying. Accordingly, we dismiss this appeal for want of prosecution. See

TEX. R. APP. P. 37.3(b); 42.3(b), (c).

GINA M. PALAFOX, Justice

May 30, 2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.