World Wide Automotive Repair Paint Body v. Santander Consumer USA Inc.

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-17-00622-CV WORLD WIDE AUTOMOTIVE REPAIR PAINT & BODY, Appellant v. SANTANDER CONSUMER USA INC., Appellee From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2016-CI-08203 Honorable Laura Salinas, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: November 1, 2017 DISMISSED FOR WANT OF PROSECUTION In this appeal, the clerk’s record was due on October 2, 2017. See TEX. R. APP. P. 35.1(a). On October 4, 2017, the Bexar County District Clerk notified this court that Appellant World Wide Automotive Repair Paint & Body had not paid the clerk’s fee for preparing the record and Appellant is not entitled to a free clerk’s record. On October 5, 2017, we ordered Appellant to file written proof with this court by October 16, 2017, 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. We warned 04-17-00622-CV Appellant that if it failed to respond as ordered, 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(b), (c). PER CURIAM -2-