Hector Gonzalez v. Atenea Capital Markets Fund, LP

Fourth Court of Appeals San Antonio, Texas December 8, 2014 No. 04-14-00614-CV Hector GONZALEZ, Appellant v. ATENEA CAPITAL MARKETS FUND, LP, Appellee From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-13872 Honorable Larry Noll, Judge Presiding ORDER The clerk’s record was filed on October 20, 2014. On November 3, 2014, the court reporter filed a Notification of Late Record stating that the appellant has failed to pay or make arrangements to pay the reporter’s fee for preparing the record. Thereafter, on November 13, 2014, we ordered appellant to provide written proof that: either (1) the reporter’s fee has been paid or arrangements have been made to pay the reporter’s fee; or (2) appellant is entitled to appeal without paying the reporter’s fee. To date, appellant has failed to respond to our order. Accordingly, we will determine the appeal without the benefit of the reporter’s record. See TEX. R. APP. P. 37.3(c) (when reporter’s record is not filed, appellate court may consider and decide those issues or points that do not require a reporter’s record for a decision). We order appellant to file his appellant’s brief in this court on or before 30 days from the date of this order. If appellant’s brief is not timely filed, the appeal may be dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a). _________________________________ Rebeca C. Martinez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of December, 2014. ___________________________________ Keith E. Hottle Clerk of Court