Johnny D. Gabriel and Rosalie P. Gabriel v. Christopher Conchin and Tina Conchin

MEMORANDUM OPINION

No. 04-11-00617-CV

Johnny D. GABRIEL and Rosalie P. Gabriel, Appellants v.

Christopher CONCHIN and Tina Conchin, Appellees

From the 216th Judicial District Court, Bandera County, Texas Trial Court No. CV-09-025

Honorable N. Keith Williams, Judge Presiding PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: October 5, 2011

DISMISSED

This is an accelerated appeal from an August 1, 2011 order ruling on an application for a temporary injunction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4). Appellants’ notice of appeal was due on August 22, 2011, and the clerk’s record and reporter’s record were due on September 1, 2011. See TEX. R. APP. P. 26.1(b), 35.1(b), 4.1(a). On August 26, 2011, the district clerk filed a notification of late clerk’s record stating that appellants had failed to pay or make arrangements to pay the clerk’s fee for preparing the record, and appellants are not entitled to appeal without paying the fee. On August 30, 2011, this court ordered appellants to provide written proof of their payment of, or payment arrangements for, the clerk’s fee for preparing the clerk’s record by September 6, 2011, or this appeal would be dismissed for want of prosecution. Appellants have not responded. 1 Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Costs of the appeal are taxed against appellants.

PER CURIAM