G. Ted Ballard v. Wulfe Investments LTD

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00203-CV G. Ted BALLARD, Appellant v. WULFE INVESTMENTS LTD, Appellee From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-19017 Honorable Larry Noll, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: April 24, 2013 DISMISSED FOR WANT OF PROSECUTION On March 27, 2013, we notified Appellant that the trial court clerk filed a notification of late clerk’s record stating that the clerk’s record has not been filed because (1) Appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the record, and (2) Appellant is not entitled to appeal without paying the fee. We ordered Appellant to provide written proof to this court on or before April 8, 2013, that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) Appellant is entitled to appeal 04-13-00203-CV without paying the clerk’s fee. We warned Appellant that if he failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). To date, Appellant has not filed any response with this court. Therefore, we dismiss this appeal for want of prosecution. See id. R. 37.3(b), 42.3(c). Costs of this appeal are taxed against Appellant. See id. R. 43.4. PER CURIAM -2-