Millsworth Enterprises, LLC v. Texas First Rentals, LLC

Court of Appeals of Texas

Millsworth Enterprises, LLC v. Texas First Rentals, LLC

DecidedAugust 26, 2022

Docket04-22-00460-CV

StatusPublished

This text of Millsworth Enterprises, LLC v. Texas First Rentals, LLC (Millsworth Enterprises, LLC v. Texas First Rentals, LLC) 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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Millsworth Enterprises, LLC v. Texas First Rentals, LLC, (Tex. Ct. App. 2022).

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Opinion

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Fourth Court of Appeals San Antonio, Texas August 26, 2022

No. 04-22-00460-CV

MILLSWORTH ENTERPRISES, LLC, Appellant

v.

TEXAS FIRST RENTALS, LLC, Appellee

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2021CI04865 Honorable Tina Torres, Judge Presiding

ORDER The clerk’s record was due on August 23, 2022. On August 24, 2022, the trial court clerk filed a notification of late clerk’s record, stating appellant is not entitled to appeal without paying the fee and has not paid or made arrangements to pay the fee for preparing the clerk’s record.

We, therefore, ORDER appellant to provide written proof to this court no later than September 6, 2022 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 26th day of August, 2022. FILE COPY

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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FILE COPY

Fourth Court of Appeals San Antonio, Texas August 26, 2022

No. 04-22-00460-CV

MILLSWORTH ENTERPRISES, LLC, Appellant

v.

TEXAS FIRST RENTALS, LLC, Appellee

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2021CI04865 Honorable Tina Torres, Judge Presiding

ORDER The clerk’s record was due on August 23, 2022. On August 24, 2022, the trial court clerk filed a notification of late clerk’s record, stating appellant is not entitled to appeal without paying the fee and has not paid or made arrangements to pay the fee for preparing the clerk’s record.

We, therefore, ORDER appellant to provide written proof to this court no later than September 6, 2022 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 26th day of August, 2022. FILE COPY

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Millsworth Enterprises, LLC v. Texas First Rentals, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/millsworth-enterprises-llc-v-texas-first-rentals-llc-texapp-2022.