Court of Appeals of Texas, 2021

in the Matter of the Estate of Ben Garza, III

in the Matter of the Estate of Ben Garza, III
Court of Appeals of Texas · Decided September 29, 2021
in the Matter of the Estate of Ben Garza, III

Opinion

Fourth Court of Appeals

San Antonio, Texas

September 29, 2021

No. 04-21-00363-CV

IN THE MATTER OF THE ESTATE OF BEN ARZA, III, DECEASED

From the County Court, Guadalupe County, Texas Trial Court No. 2020-PC-0203

Honorable Bill Squires, Judge Presiding

ORDER

The clerk’s record is presently due on November 29, 2021. On September 27, 2021, the trial court clerk filed a notification of late clerk’s record, stating appellant is not entitled to appeal without paying the fee, and the appellant has failed to pay the fee for preparing the record.

We, therefore, ORDER appellant to provide written proof to this court no later than October 11, 2021 that either (1) the clerk’s fee for preparing the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. If appellant fails to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal for want of prosecution if clerk’s record is not filed due to appellant’s fault); see also TEX. R. APP. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of this court).

_________________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of September, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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