Aron Smith and Sandra Smith v. Antigua III Phase Four Homeowners Association, Inc.

In the

Court of Appeals

Second Appellate District of Texas at Fort Worth ___________________________

No. 02-21-00223-CV ___________________________

ARON SMITH AND SANDRA SMITH, Appellants

V.

ANTIGUA III PHASE FOUR HOMEOWNERS ASSOCIATION, INC., Appellee

On Appeal from the 17th District Court

Tarrant County, Texas

Trial Court No. 017-322780-21

Before Sudderth, C.J.; Kerr and Birdwell, JJ.

Per Curiam Memorandum Opinion MEMORANDUM OPINION AND JUDGMENT

On September 13, 2021, we notified appellants that the trial-court clerk—the clerk responsible for preparing the record in this appeal—had informed us that appellants had not arranged to pay for the record as the appellate rules require. See Tex. R. App. P. 35.3(a)(2). In our notice, we warned appellants that we would dismiss the appeal for want of prosecution unless, within ten days, appellants arranged to pay for the clerk’s record and provided us with proof of payment. See Tex. R. App. P. 35.3(c), 37.3(b), 44.3. Ten days have passed, and Appellants have not made payment arrangements or provided proof of payment. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3(b), 43.2(f).

Appellants must pay all costs of this appeal. See Tex. R. App. P. 43.4.

Per Curiam Delivered: October 7, 2021