Tom Haag, Gary Schwenk and U.S. Axles v. Best Used Tractors, LLC

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00371-CV Tom HAAG, Gary Schwenk and U.S. Axles, Appellants v. BEST USED TRACTORS, LLC, Appellee From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-14177 The Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: November 7, 2012 DISMISSED FOR WANT OF PROSECUTION

Appellants were required to pay $175.00 and $10.00 fees when they filed their notice of appeal. See TEX. R. APP. P. 5.1 Appellants did not pay the required fees. Accordingly, the clerk of this court notified appellants by letter dated June 19, 2012, that the notice of appeal was conditionally filed and the filing fees were due no later than June 29, 2012.

On October 9, 2012, when the fees remained unpaid, this court ordered appellants to provide written proof to this court not later than October 24, 2012, that either (1) the $175.00 and $10.00 filing fees have been paid, or (2) the appellants are entitled to appeal without paying the filing fees. See id. We warned appellants that if they failed to respond as ordered, the appeal would be dismissed. See id. R. 5, 42.3; In re W.J.C., No. 04-05-00532-CV, 2005 WL 3477883, at *1 (Tex. App.—San Antonio Dec. 21, 2005, no pet.) (mem. op.).

To date, appellants have not filed any response with this court. Therefore, we dismiss this appeal for want of prosecution. See id. R. 37.3(b), 42.3(c). Costs of this appeal are taxed against appellants. See id. R. 43.4.

PER CURIAM