John and Sally Kosmatka v. Motostalgia, LLC; Antonio Brunet; and Motoreum, LLC Appeal from 53rd District Court of Travis County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-22-00447-CV John and Sally Kosmatka, Appellants v. Motostalgia, LLC; Antonio Brunet; and Motoreum, LLC, Appellees FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-19-008679, THE HONORABLE MARIA CANTÚ HEXSEL, JUDGE PRESIDING MEMORANDUM OPINION The clerk’s record in this appeal was due for filing in this Court on September 6, 2022. On September 9, 2022, we notified appellants that no clerk’s record had been filed due to their failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellants make arrangements for the clerk’s record and submit a status report regarding this appeal by September 19, 2022. Further, the notice advised appellants that their failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, appellants have not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has not been filed. If a trial-court clerk fails to file the clerk’s record due to an appellants’ failure to pay or make arrangements to pay for the clerk’s fee for preparing the 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). In this case, appellants have not established that they are entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because appellants have failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution. __________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Triana and Smith Dismissed for Want of Prosecution Filed: October 12, 2022 2
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