Kendall Harris and Angela Pyatte v. Lawyers Title Insurance Corporation

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-15-00033-CV Kendall HARRIS and Angela Pyatte, Appellants v. LAWYERS TITLE INSURANCE CORPORATION, Appellee From the 79th Judicial District Court, Jim Wells County, Texas Trial Court No. 13-12-52792-CV Honorable Richard C. Terrell, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: March 11, 2015 DISMISSED FOR WANT OF PROSECUTION On January 22, 2015, appellants filed a notice of appeal from the trial court’s judgment or order signed December 22, 2015. The clerk’s record was due February 20, 2015, sixty days after the order or judgment was signed. See TEX. R. APP. P. 35.1. On February 9, 2015, the Clerk of Jim Wells County filed a notification stating the clerk’s record would not be filed because appellants had not paid or made arrangements to pay the clerk’s fee to prepare the record and are not entitled to appeal without paying the fee. On February 11, 2015, we ordered appellants to provide written proof to this court on or before February 23, 2015, that either (1) the clerk’s fee 04-15-00033-CV has been paid or arrangements had been made to pay the clerk’s fee; or (2) they are entitled to appeal without paying the clerk’s fee. We cautioned appellants that if they failed to respond within the time provided, the appeal would be dismissed for want of prosecution. See id. R. 37.3(b). Appellants have not filed a response. We therefore order this appeal dismissed for want of prosecution. We further order that appellee Lawyers Title Insurance Corporation recover its costs in this appeal from appellants Kendall Harris and Angela Pyatte. PER CURIAM -2-