Tabitha and Daniel Jurek v. Diane and Gerardo Garcia Appeal from 131st Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00593-CV Tabitha and Daniel JUREK, Appellants v. Diane and Gerardo GARCIA, Appellees From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2017CI07662 Honorable Charles E. Montemayor, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice Delivered and Filed: December 13, 2017 DISMISSED On October 25, 2017, the trial court clerk notified this court that the clerk’s record was not filed because appellant has failed to pay, or make arrangements to pay, the clerk’s fee for preparing the record. Appellants are not entitled to appeal without paying the fee. We, therefore, ordered appellants to provide written proof to this court by November 20, 2017, that either (1) the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee; or (2) appellants are entitled to appeal without paying the clerk’s fee. We warned that if appellants failed to respond within the time provided, this appeal would be dismissed. See TEX. R. APP. P. 37.3(b) (allowing 04-17-00593-CV dismissal of appeal if clerk’s record is not filed due to appellant’s fault); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of this court). Appellants failed to respond. Therefore, we dismiss this appeal. See TEX. R. APP. P. 37.3(b); see also TEX. R. APP. P. 42.3(c). PER CURIAM -2-

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