TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-17-00068-CV
James P. Rangel and Paula Grace, Appellants
v.
Vanderbilt Mortgage and Finance, Inc., Appellee
FROM THE DISTRICT COURT OF CALDWELL COUNTY, 421ST JUDICIAL DISTRICT
NO. 16-0-072, HONORABLE TODD A. BLOMERTH, JUDGE PRESIDING
MEMORANDUM OPINION
Appellants James P. Rangel and Paula Grace filed their notice of appeal on
January 25, 2017. We notified them that they were required to make a written request and
arrangements to pay for the clerk’s record and the reporter’s record within ten days from their receipt
of our letter. The clerk’s record from the trial court was due to be filed in this Court on February 27.
On March 10, this Court notified appellants that no clerk’s record had been filed due
to their failure to pay or make arrangements to pay the fee for preparing the clerk’s record. The
Court’s notice requested that appellants make arrangements for the clerk’s record and submit a status
report regarding this appeal by March 20. In addition, the notice informed appellants that their
appeal was subject to dismissal if they did not comply with our instructions. To date, appellants
have not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has
not been filed.
If the trial court’s clerk fails to file the clerk’s record due to appellant’s failure to pay
or make arrangements to pay for the clerk’s fee for preparing the record, the appellate court may
dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without
payment of costs. Tex. R. App. P. 37.3(b). In this case, appellants have not established that they are
entitled to proceed without payment of costs, see Tex. R. App. P. 20.1 (providing procedure for
establishing inability to pay court costs on appeal), Tex. R. Civ. P. 145 (providing procedure in trial
court for determining party’s claim of indigence), and they have failed to pay or make arrangements
to pay the clerk’s fee for preparing the clerk’s record. We therefore dismiss the appeal for want of
prosecution. See Tex. R. App. P. 42.3(b).
__________________________________________
Cindy Olson Bourland, Justice
Before Chief Justice Rose, Justices Field and Bourland
Dismissed for Want of Prosecution
Filed: April 7, 2017
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