IN THE
TENTH COURT OF APPEALS
No. 10-18-00102-CV
JOHN ANTHONY MARGETIS,
Appellant
v.
HIGH POINTE INVESTMENTS, LLC
Appellee
From the County Court at Law
Ellis County, Texas
Trial Court No. 17-C3725
MEMORANDUM OPINION
Appellant, John Margetis, challenges an order of possession and final judgment
entered on February 20, 2018. Appellant filed his pro se notice of appeal on March 2,
2018; however, the Clerk’s Record in this matter has not been filed. On April 23, 2018,
we received notice from the Ellis County Clerk’s Office stating that appellant had been
notified regarding the balance due for the Clerk’s Record; however, appellant failed to
pay the balance owed, which resulted in the Clerk’s Record not being forwarded to this
Court.
Thereafter, on June 4, 2018, we sent a letter to the Ellis County Clerk’s Office
requesting the filing of the Clerk’s Record within thirty days or, in the alternative, a status
update regarding payment for the Clerk’s Record. On June 6, 2018, the Ellis County Clerk
once again informed this Court that appellant had failed to pay or make arrangements to
pay for the Clerk’s Record. On June 12, 2018, in response to the Ellis County Clerk’s June
6, 2018 letter, we warned appellant that this appeal would be dismissed for want of
prosecution, unless he paid or made arrangements to pay the clerk’s fee and notified this
Court of the actions taken within twenty-one days of June 12, 2018. More than twenty-
one days have passed since our June 12, 2018 letter, and we have not received any
response from appellant regarding the Clerk’s Record. And more importantly, the
Clerk’s Record still has not been filed.
Texas Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to pay
or make arrangements to pay the clerk’s fee for preparation of the record, the Court may
“dismiss the appeal for want of prosecution unless the appellant was entitled to proceed
without payment of costs. The court must give the appellant a reasonable opportunity
to cure before dismissal.” TEX. R. APP. P. 37.3(b). To date, the record does not reflect that
appellant has paid or made arrangements to pay for the Clerk’s Record or that appellant
Margetis v. High Pointe Invs., LLC Page 2
is entitled to proceed without payment of costs. Therefore, pursuant to Rule 37.3(b), we
hereby dismiss this appeal for want of prosecution.1 See id.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
Opinion delivered and filed July 18, 2018
[CV06]
1 In light of our disposition, all pending motions are hereby dismissed as moot.
Margetis v. High Pointe Invs., LLC Page 3