In the Estate of Michael Nick Patzakis, Deceased Appeal from Probate Court No 1 of Harris County (memorandum opinion per curiam)

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Dismissed and Memorandum Opinion filed November 2, 2017. In The Fourteenth Court of Appeals NO. 14-17-00530-CV IN THE ESTATE OF MICHAEL NICK PATZAKIS, DECEASED On Appeal from the Probate Court No. 1 Harris County, Texas Trial Court Cause No. 426520-401 MEMORANDUM OPINION This is an appeal from a judgment signed April 5, 2017. Appellants Nick J. Patzakis, Jean Patzakis and John Patzakis filed their notice of appeal on July 7, 2017. To date, our records show appellants have not paid the appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless party is excused by statute or by appellate rules from paying costs); Tex. Gov’t Code Ann. § 51.207 (West 2013). Further, no clerk’s record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellants did not make arrangements to pay for the record. On September 28, 2017, this court ordered appellants to (1) pay the appellate filing fee by October 13, 2017, and (2) provide this court, by October 13, 2017, with proof of payment or arrangements to pay for the clerk’s record. We cautioned appellants that the appeal would be dismissed if they did not comply with the order. As of this date, the filing fee has not been paid, and the required proof regarding the clerk’s record has not been filed. Accordingly, the appeal is DISMISSED. See Tex. R. App. P. 37.3(b) (allowing dismissal for want of prosecution because appellant failed to pay or make arrangements to pay for the clerk’s record); Tex. R. App. P. 42.3(c) (allowing involuntary dismissal of case because appellant failed to comply with court order or notice from clerk requiring response or other action within specified time). PER CURIAM Panel consists Justices Boyce, Jamison, and Brown. 2