Jason Rowell v. Firetrol Protection Systems

NO. 12-15-00113-CV IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS JASON ROWELL, § APPEAL FROM THE 114TH APPELLANT V. § JUDICIAL DISTRICT COURT FIRETROL PROTECTION SYSTEMS, APPELLEE § SMITH COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk’s fee for preparing the clerk’s record. The trial court’s judgment was signed on April 16, 2015, and Appellant timely filed a notice of appeal. The clerk’s record was due on May 11, 2015. On May 12, 2015, this court notified Appellant that, according to the trial court clerk, he had not requested the clerk’s record or made arrangements to pay for its preparation. See TEX. R. APP. P. 35.3(a)(2). Appellant was warned, pursuant to rule of appellate procedure 42.3, that the appeal would be dismissed unless proof of full payment to the clerk was provided on or before May 22, 2015. The deadline has now passed, and Appellant has neither provided proof of full payment nor otherwise responded to this court’s notice. Accordingly, the appeal is dismissed. See TEX. R. APP. P. 37.3(b); 42.3(c). Opinion delivered June 3, 2015. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGMENT JUNE 3, 2015 NO. 12-15-00113-CV JASON ROWELL, Appellant V. FIRETROL PROTECTION SYSTEMS, Appellee Appeal from the 114th District Court of Smith County, Texas (Tr.Ct.No. 15-0581-B) THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.