Kirk Koether and Vicki Koether v. Domingo Reyes, Ludivina Reyes, Natalie Broderson and Mary Merrell Appeal from 21st District Court of Lee County (memorandum opinion )
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00214-CV Kirk Koether and Vicki Koether, Appellants v. Domingo Reyes, Ludivina Reyes, Natalie Broderson and Mary Merrell, Appellees FROM THE DISTRICT COURT OF LEE COUNTY, 21ST JUDICIAL DISTRICT NO. 15, 280, HONORABLE CARSON TALMADGE CAMPBELL, JUDGE PRESIDING MEMORANDUM OPINION The clerk’s record in this appeal was due for filing in this Court on April 9, 2015. The Clerk of this Court subsequently notified the appellants that the clerk’s record had not been filed and was overdue, and that notice had been received from the district clerk that the appellant had neither paid, nor made arrangements for payment, for the clerk’s record. The notice requested that the appellants make arrangements for the clerk’s record and submit a status report regarding this appeal by May 22, 2015. Further, the notice advised the appellants that their failure to comply with this request could result in the dismissal of his appeal for want of prosecution. To date, the appellants have not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has not been filed. We therefore dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b) )(appellate court may dismiss appeal for want of prosecution if no clerk’s record is filed due to non-indigent defendant’s failure to pay or make arrangement for payment of clerk’s record fee). __________________________________________ Scott K. Field, Justice Before Chief Justice Rose, Justices Goodwin and Field Dismissed for Want of Prosecution Filed: June 19, 2015 2
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