Paul Michael v. Maria Guadalupe Mascorro

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-22-00640-CV

Paul MICHAEL, Appellant

v.

Maria Guadalupe MASCORRO, Appellee

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CI-05662 Honorable Karen H. Pozza, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: December 7, 2022

DISMISSED FOR WANT OF PROSECUTION

In the case underlying this appeal, Appellant timely filed a notice of restricted appeal on

September 29, 2022. See TEX. R. APP. P. 26.1. But he paid no filing fee and filed no docketing

statement. Contra id. R. 5 (requiring fees in civil cases); id. R. 32.1 (requiring a docketing

statement). He also failed to file an amended notice of appeal. See id. R. 5; id. R. 25.1(e), (g)

(requiring an appellant to give notice of notice to the court reporter and to amend a defect or

omission in the notice of appeal). 04-22-00640-CV

On November 4, 2022, we ordered Appellant to file an amended notice of appeal and to

submit payment or show proof that he is entitled to appeal without paying for the clerk’s record or

the filing fee by November 14, 2022, or the case would be dismissed for want of prosecution. See

id. R. 5, 42.3; In re W.J.C., No. 04-05-00532-CV, 2005 WL 3477883, at *1 (Tex. App.—San

Antonio Dec. 21, 2005, no pet.) (mem. op.).

On November 14, 2022, the court reporter notified this court that no payment has been

submitted for the reporter’s record.

Furthermore, no response, amended notice of appeal, or payment has been provided to this

court by Appellant.

We dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).

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