COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
ELDON RODRIGUEZ and MARIA
RODRIGUEZ, § No. 08-21-00118-CV
Appellants, § Appeal from the
v. § 210th District Court
ERIC BLISS DARNELL d/b/a THE LAW § of El Paso County, Texas
OFFICE OF ERIC B. DARNELL, and
ERIC B. DARNELL, P.C., § (TC# 2019-DCV-2871)
Appellees. §
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of prosecution. Finding that the clerk’s record has not been filed because
Appellants have failed to make financial arrangements to pay for the clerk’s record, we dismiss
the appeal for want of prosecution.
The El Paso County District Clerk notified the Court that Appellants have not made
financial arrangements to pay for preparation of the clerk’s record as required by TEX.R.APP.P.
35.3(a)(2). The Clerk of the Court twice notified Appellants that the Court intended to dismiss the
appeal for want of prosecution unless Appellants responded within ten days and showed grounds
for continuing the appeal. See TEX.R.APP.P. 37.3(b). Appellants have not filed any response
establishing they are entitled to appeal without paying for the clerk’s record, nor have Appellants
otherwise shown that arrangements to pay for preparation of the clerk’s record have been made.
We conclude that the clerk’s record has not been filed due to the fault of the Appellants.
Accordingly, we dismiss the appeal for want of prosecution. See TEX.R.APP.P. 37.3(b), 42.3(b),
(c).
JEFF ALLEY, Justice
August 30, 2021
Before Rodriguez, C.J., Palafox, and Alley, JJ.
2