Robert Schoenmakers and James Schoenmakers v. Sparkman Well Service, Inc. and Steven Joseph Mozisek

• Court: Court of Appeals of Texas
• Decided: October 4, 2007
• Docket: 13-07-00313-CV
• Status: Published

Opinion

NUMBER 13-07-313-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________

ROBERT SCHOENMAKERS, ET AL., Appellants,

v.

SPARKMAN WELL SERVICE, INC., ET AL., Appellees.

____________________________________________________________

On appeal from the 135th District Court

of Refugio County, Texas.

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Appellants, ROBERT SCHOENMAKERS, ET AL., perfected an appeal from a judgment entered by the 135th District Court of Refugio County, Texas, in cause number 2004-6-9846. No clerk's record has been filed due to appellants' failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record.

If the trial court clerk fails to file the clerk's record because the appellant failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b).

On August 14, 2007, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b). Appellants were given ten days to explain why the cause should not be dismissed. To date, no response has been received from appellants.

The Court, having examined and fully considered the documents on file, appellants' failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, this Court's notice, and appellants' failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and

filed this the 4th day of October, 2007.