Timothy Mahoney v. BMO Harris Bank National Association

• Court: Court of Appeals of Texas
• Decided: August 8, 2023
• Docket: 01-22-00536-CV
• Status: Published

Opinion

Opinion issued August 8, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00536-CV ——————————— THOMAS MAHONEY, Appellant V. BMO HARRIS BANK NATIONAL ASSOCIATION, Appellee

On Appeal from 215th District Court Harris County, Texas Trial Court Case No. 2019-60903A

MEMORANDUM OPINION

Appellant Thomas Mahoney has neither established indigence for purposes of

court costs nor paid, or made arrangements to pay, the fee for preparing the clerk’s

record. See TEX. R. CIV. P. 145; TEX. R. APP. P. 34.1. On September 22, 2022, we

notified Appellant that his appeal could be dismissed for want of prosecution if the clerk’s record was not filed. See TEX. R. APP. P. 37.3(a), (b). We directed Appellant

to submit written evidence from the trial court clerk by October 24, 2022, reflecting

he paid, or made arrangements to pay, the fee for preparing the clerk’s record. To

date, Appellant has not responded to this Court’s notice and the clerk’s record has

not been filed.

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

42.3(b)-(c). All pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Goodman, Landau, and Rivas-Molloy.