Castine McIlhargey and Jody McIntyre, Individually, and Derivatively on Behalf of A+ Pro Recovery and Towing, LLC v. Erik M. Hager, Jason Rios, Eduardo Pena, Joanna Pena, and South Padre Towing and Recovery, LLC Appeal from 107th District Court of Cameron County (memorandum opinion)
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NUMBER 13-21-00291-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG ____________________________________________________________ CASTINE MCILHARGEY AND JODY MCINTYRE, INDIVIDUALLY, AND DERIVATIVELY ON BEHALF OF A+ PRO RECOVERY AND TOWING, LLC, Appellants, v. ERIK M. HAGER, JASON RIOS, EDUARDO PENA, JOANNA PENA, AND SOUTH PADRE TOWING AND RECOVERY, LLC, Appellees. ____________________________________________________________ On appeal from the 107th District Court of Cameron County, Texas. ____________________________________________________________ MEMORANDUM OPINION Before Justices Benavides, Longoria, and Tijerina Memorandum Opinion by Justice Longoria On September 9, 2021, appellants filed a notice of appeal. On September 23, 2021, the Clerk of the Court notified appellants that the clerk's record in the above cause was due on September 17, 2021, and that the deputy district clerk, Silva Mata, had notified this Court that appellants failed to make arrangements for payment of the clerk's record. The Clerk of this Court notified appellants of this failure so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.3, 42.3(b),(c). Appellants were advised that, if arrangements to pay for the clerk’s record and proof of payment were not made and filed within ten days from the date of receipt of this notice, the appeal would be dismissed for want of prosecution. Appellants failed to comply with the notice from the clerk requiring a response or other action within the time specified; accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b), (c). NORA L. LONGORIA Justice Delivered and filed on the 28th day of October, 2021. 2
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