Luis R. Granados v. David Vogt

• Court: Court of Appeals of Texas
• Decided: March 29, 2018
• Docket: 09-17-00394-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00394-CV ____________________

LUIS R. GRANADOS, Appellant

V.

DAVID VOGT, Appellee ________________________________________________________________________

On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 16-12-14151-CV ________________________________________________________________________

MEMORANDUM OPINION

Luis R. Granados appealed from a judgment signed September 22, 2017. The

trial court denied Granados’s claim of indigence in a written order. Granados did not

challenge the order within ten days of the date it was signed. See Tex. R. Civ. P.

145(g)(2). The clerk responsible for preparing the record in this appeal informed the

court that Granados did not arrange to pay for the record. See Tex. R. App. P. 35.3(a).

On February 21, 2018, we notified the parties that the clerk’s record had not

been filed due to the appellant’s failure to pay or, to arrange to pay the District

1 Clerk’s fee for preparing the clerk’s record. Further, the notice warned Granados that

the appeal would be dismissed for want of prosecution unless a response was filed

by March 8, 2018. No response has been filed.

There being no satisfactory explanation for the failure to file the clerk’s

record, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b);

see also Tex. R. App. P. 42.3(b).

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on March 28, 2018 Opinion Delivered March 29, 2018

Before Kreger, Horton, and Johnson, JJ.