Zion Builders Limited Liability Company D/B/A Zion Builders v. Eric Gardunoa/K/A Eric Garduno and Karen Garduno

• Court: Court of Appeals of Texas
• Decided: December 30, 2021
• Docket: 09-21-00216-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00216-CV __________________

ZION BUILDERS LIMITED LIABILITY COMPANY D/B/A ZION BUILDERS, Appellant

V.

ERIK GARDUNO A/K/A ERIC GARDUNO AND KAREN GARDUNO, Appellees

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 19-05-06051-CV __________________________________________________________________

MEMORANDUM OPINION

Zion Builders Limited Liability Company d/b/a Zion Builders appealed from

a final judgment, signed on June 23, 2021. But after that, Zion Builders failed to pay

or arrange to pay the fee charged by the District Clerk to prepare a clerk’s record to

support the appeal. On October 22, 2021, we notified the parties that the District

Clerk had not filed a record, and we warned the parties the appeal would be

dismissed for want of prosecution unless Zion Builders explained why it needed

1 more time to pay for the clerk’s record since that record was required to support its

appeal. See Tex. R. App. P. 37.3(b).

We received no response to that notice. In the absence of an explanation

justifying its failure to arrange to have the record of the proceedings that it needs to

support its appeal, we dismiss the appeal for want of prosecution. See id. 37.3(b),

42.3, 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on December 29, 2021 Opinion Delivered December 30, 2021

Before Golemon, C.J., Kreger and Horton, JJ.