Toneisha C. Medina v. Cemex Construction Materials Houston, LLC Appeal from Co Civil Ct at Law No 4 of Harris County (memorandum opinion per curiam)
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Opinion issued September 15, 2020 In The Court of Appeals For The First District of Texas ———————————— NO. 01-20-00016-CV ——————————— CONSTRUCTION TECHNOLOGIES OF TEXAS, INC. D/B/A CTI HOUSTON AND TONIE MEDINA A/K/A TONEISHA C. MEDINA, Appellants V. CEMEX CONSTRUCTION MATERIALS HOUSTON, LLC, Appellee On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1143539 MEMORANDUM OPINION Appellants, Construction Technologies of Texas, Inc., doing business as CTI Houston, and Tonie Medina, also known as Toneisha C. Medina, have not paid or made arrangements to pay the fee for preparing the clerk’s record. See TEX. R. APP. P. 37.3(b). On February 19, 2020, appellants were notified that this appeal was subject to dismissal if appellants did not respond by March 20, 2020. See TEX. R. APP. P. 42.3(b), (c). After more than five months, appellants have not responded in any way. Based on appellants’ failure to pay or make arrangements to pay the fee for preparing the clerk’s record, appellee, Cemex Construction Materials Houston, LLC, filed a motion to dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a); 42.3(b). More than ten days have passed, and appellants have not responded to the motion. See TEX. R. APP. P. 10.1(a)(5), 10.3(a). Accordingly, we grant appellee’s motion and dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(b), (c), 43.2(f). All pending motions are dismissed as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Hightower and Adams. 2
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