Luis Benavides v. the City of San Antonio and Ernest Lane

Fourth Court of Appeals San Antonio, Texas October 12, 2016 No. 04-16-00537-CV Luis BENAVIDES, Appellant v. THE CITY OF SAN ANTONIO and Ernest Lane, Appellees From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2016-CI-06386 Honorable Peter Sakai, Judge Presiding ORDER The trial court clerk has filed a notification of late record, stating that the appellant has failed to pay or make arrangements to pay the fee for preparing the clerk’s record and that the appellant is not entitled to appeal without paying the fee. We, therefore, ORDER appellant 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) appellant is entitled to appeal without paying the clerk’s fee. If appellant fails 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 12th day of October, 2016. ___________________________________ Keith E. Hottle Clerk of Court