James P Arthur v. John Michael Raborn, Blackburne & Brown Mortgage Fund, Inc.

Opinion issued August 19, 2021

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-21-00072-CV ———————————

JAMES P. ARTHUR, MARY ARTHUR, LEGONITE, INC., PARADISE

LIVING, INC., AND ARTHUR HOLDINGS, L.P., Appellants

V.

JOHN M. RABORN, Appellee

On Appeal from the 11th District Court Harris County, Texas

Trial Court Case No. 2020-13849

MEMORANDUM OPINION

The appellate record in this appeal was due to be filed on or before March 8, 2021. See TEX. R. APP. P. 35.1. The clerk’s record was not timely filed. On May 4, 2021, the trial court clerk notified the Court that the clerk’s record was not filed because appellants, James P. Arthur, Mary Arthur, Legonite, Inc., Paradise Living, Inc., and Arthur Holdings, L.P. (collectively, “appellants”), had not paid or made arrangements to pay the fee for the preparation of the clerk’s record. See TEX. R. APP. P. 35.3(a)(2).

This Court’s records reflect that appellants have neither established indigence for purposes of appellate costs nor arranged to pay the fee for the preparation of the clerk’s record. See TEX. R. CIV. P. 145, TEX. R. APP. P. 37.3(b). On May 4, 2021, appellants were notified that this appeal was subject to dismissal if appellants did not submit written evidence that they had paid or made arrangements to pay the fee for the preparation of the clerk’s record, or were otherwise exempt from paying the clerk’s fee, on or before June 3, 2021. Appellants did not adequately respond.

Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Kelly, Hightower, and Farris.