Luis R. Granados v. David Vogt Appeal from 410th District Court of Montgomery County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00394-CV ____________________ LUIS R. GRANADOS, Appellant V. DAVID VOGT, Appellee ________________________________________________________________________ On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 16-12-14151-CV ________________________________________________________________________ MEMORANDUM OPINION Luis R. Granados appealed from a judgment signed September 22, 2017. The trial court denied Granados’s claim of indigence in a written order. Granados did not challenge the order within ten days of the date it was signed. See Tex. R. Civ. P. 145(g)(2). The clerk responsible for preparing the record in this appeal informed the court that Granados did not arrange to pay for the record. See Tex. R. App. P. 35.3(a). On February 21, 2018, we notified the parties that the clerk’s record had not been filed due to the appellant’s failure to pay or, to arrange to pay the District 1 Clerk’s fee for preparing the clerk’s record. Further, the notice warned Granados that the appeal would be dismissed for want of prosecution unless a response was filed by March 8, 2018. No response has been filed. There being no satisfactory explanation for the failure to file the clerk’s record, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b); see also Tex. R. App. P. 42.3(b). APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Submitted on March 28, 2018 Opinion Delivered March 29, 2018 Before Kreger, Horton, and Johnson, JJ. 2
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