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