James Thornton Maxwell v. Frost Bank f/k/a The Frost National Bank Appeal from 408th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00433-CV James Thornton MAXWELL, Appellant v. FROST BANK f/k/a The Frost National Bank, Appellee From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2012CI18674 Honorable Richard Price, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice Delivered and Filed: August 31, 2016 DISMISSED FOR WANT OF PROSECUTION In this appeal, the clerk’s record was due on August 2, 2016. See TEX. R. APP. P. 35.1(a). On August 4, 2016, the Bexar County District Clerk notified this court that Appellant had not paid the clerk’s fee for preparing the record and Appellant is not entitled to a free clerk’s record. On August 10, 2016, we ordered Appellant to file written proof with this court by August 22, 2016, that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee, or (2) Appellant is entitled to appeal without paying the clerk’s fee. We warned Appellant that if 04-16-00433-CV he failed to respond as ordered, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). To date, Appellant has not filed any response with this court. Therefore, we dismiss this appeal for want of prosecution. See id. R. 37.3(b), 42.3(b), (c). PER CURIAM -2-
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