Penny Smith v. B&G Real Estate Partnership, Abraham Baba, and Nader Ganim Appeal from 164th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued August 16, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00203-CV ——————————— PENNY SMITH, Appellant V. B&G REAL ESTATE PARTNERSHIP, ABRAHAM BABA, AND NADER GANIM, Appellees On Appeal from the 164th District Court Harris County, Texas Trial Court Case No. 2020-17832 MEMORANDUM OPINION Appellant Penny Smith 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. 37.3(a), (b). On May 4, 2022, we notified Appellant that her appeal could be dismissed for want of prosecution if the clerk’s record was not filed. We advised Appellant that she had to submit written evidence from the trial court clerk that she had paid or made arrangements to pay the fee for preparing the clerk’s record by June 2, 2022. To date, Appellant has not responded to this Court’s notice and a clerk’s record has not been filed. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Kelly, Rivas-Molloy, and Guerra. 2
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