Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00561-CV Arthur PORTILLO, Appellant v. RUSHRRRUSHMORE LOAN SERVICES, L.L.C., USA Residential Properties, L.L.C., and Harvey Law Group a/k/a Kelly Harvey P.C., Appellees From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-05319 Honorable John D. Gabriel, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: October 23, 2013 DISMISSED FOR WANT OF PROSECUTION On August 12, 2013, appellant filed a notice of appeal from the trial court’s judgment signed July 11, 2013. The record was due September 9, 2013, sixty days after the judgment was signed. See TEX. R. APP. P. 35.1. On September 17, 2013, the District Clerk of Bexar County filed a notification stating the clerk’s record would not be filed because appellant had not paid or made arrangements to pay the clerk’s fee to prepare the record and is not entitled to appeal without paying the fee. On September 19, 2013, we ordered appellant to provide written proof to this court on or before September 30, 2013, that either (1) the clerk’s fee has been paid or arrangements had 04-13-00561-CV

been made to pay the clerk’s fee; or (2) he is entitled to appeal without paying the clerk’s fee. We cautioned appellant that if he failed to respond within the time provided, his appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant has not filed a response.

We therefore order this appeal dismissed for want of prosecution. We further order that appellees, Rushmore Loan Services, L.L.C., USA Residential Properties, L.L.C., and Harvey Law Group a/k/a Kelly Harvey P.C., recover their costs in this appeal from appellant.

PER CURIAM

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