COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
VERN BAUER AND JOELLA No. 08-15-00292-CV
JACOBSON, §
Appeal from the
APPELLANTS, §
17th District Court
V. §
of Tarrant County, Texas
FOREST RIVER, INC., §
(TC#017-273447-14 )
APPELLEE. §
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 due to the
fault of the Appellants, Vern Bauer and Joella Jacobson, we dismiss the appeal for want of
prosecution.
Unless otherwise excused, a non-indigent appellant must either pay for or make
arrangements for the payment of the fees related to preparation of the appellate record to ensure
that the record is timely filed. TEX.R.APP.P. 35.3(a)(2), (b)(3); see TEX.R.APP.P. 20.1(c);
37.3(b), (c). The clerk’s record was due to be filed on October 10, 2015. The Tarrant County
District Clerk notified the Court that the clerk’s record would not be filed because Appellants
have not made financial arrangements for preparation of the clerk’s record. In accordance with
Rule 37.3(b), the Clerk of the Court notified Appellant by letter regarding their failure to make
financial arrangements to pay for the clerk’s record and advised Appellants that the appeal would
be dismissed for want of prosecution unless they responded within ten days and showed grounds
for continuing the appeal. See TEX.R.APP.P. 37.3(b). Appellants have not filed any written
response or otherwise showed that grounds exist for the appeal to be continued. Pursuant to
Rules 37.3(b) and 42.3(b) and (c), we dismiss the appeal for want of prosecution. See
TEX.R.APP.P. 37.3(b), 42.3(b), (c).
October 30, 2015
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
-2-
Vern Bauer and Joella Jacobson v. Forest River, Inc.
Combined Opinion