Whataburger Resturants LLC v. Rosa Elia Fuentes

• Court: Court of Appeals of Texas
• Decided: January 3, 2023
• Docket: 04-22-00828-CV
• Status: Published

Opinion

FILE COPY

Fourth Court of Appeals San Antonio, Texas January 3, 2023

No. 04-22-00828-CV

WHATABURGER RESTURANTS LLC, Appellant

v.

Rosa Elia FUENTES, Appellees

From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2022CI11371 Honorable Nicole Garza, Judge Presiding

ORDER The trial court clerk has filed a notification of late clerk’s record, stating that the appellant has failed to pay or make arrangements to pay the fee for preparing the clerk’s record and that the appellant is not entitled to appeal without paying the fee.

We, therefore, ORDER appellant to provide written proof to this court within ten days of the date of this order that either (1) the clerk’s fee for preparing the clerk’s record 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).

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of January, 2023.

___________________________________ MICHAEL A. CRUZ, Clerk of Court