David Gillespie and Michael O'Brien v. A.L. Hernden and Frederick R. Zlotucha

Fourth Court of Appeals San Antonio, Texas August 14, 2015 No. 04-15-00405-CV David GILLESPIE and Michael O'Brien, Appellants v. A.L. HERNDEN and Frederick R. Zlotucha, Appellees From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-10278 Honorable Cathleen M. Stryker, Judge Presiding ORDER The trial court clerk has filed a notification of late record, stating that the appellants have failed to pay or make arrangements to pay the fee for preparing the clerk’s record and that the appellants are not entitled to appeal without paying the fee. We, therefore, ORDER appellants to provide written proof to this court within ten days of the date of this order that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) appellants are entitled to appeal without paying the clerk’s fee. If appellants fail to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of this court). _________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of August, 2015. ___________________________________ Keith E. Hottle Clerk of Court