Ron and Cathy Blank v. Allan Meyer

• Court: Court of Appeals of Texas
• Decided: July 6, 2005
• Docket: 04-05-00308-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00308-CV

Ron and Cathy BLANK,

Appellants

v.

Allan MEYER,

Appellee

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CI-17929

Honorable Michael P. Peden, Judge Presiding

PER CURIAM

Sitting:            Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed:   July 6, 2005

DISMISSED

            The clerk’s record in this appeal was due May 26, 2005, but was not filed. On June 3, 2005, the clerk filed a notification stating the clerk’s record would not be filed because appellants had not paid or made arrangements to pay the clerk’s fee to prepare the record and are not entitled to appeal without paying the fee. On June 8, 2005, we ordered appellants Ron and Cathy Blank to provide written proof to this court on or before June 20, 2005, that either (1) the clerk’s fee has been paid or arrangements had been made to pay the clerk’s fee; or (2) they are is entitled to appeal without paying the clerk’s fee. We cautioned appellants that if they failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Appellants have not filed a response.

            We therefore order this appeal dismissed for want of prosecution. We further order that appellee, Allan Meyer, recover his costs in this appeal from Ron and Cathy Blank.