Court of Civil Appeals of Texas, 2023

Timothy Mahoney v. BMO Harris Bank National Association

Timothy Mahoney v. BMO Harris Bank National Association
Court of Civil Appeals of Texas · Decided August 8, 2023

Timothy Mahoney v. BMO Harris Bank National Association

Opinion

Opinion issued August 8, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00536-CV ——————————— THOMAS MAHONEY, Appellant V. BMO HARRIS BANK NATIONAL ASSOCIATION, Appellee

On Appeal from 215th District Court Harris County, Texas Trial Court Case No. 2019-60903A

MEMORANDUM OPINION Appellant Thomas Mahoney has neither established indigence for purposes of court costs nor paid, or made arrangements to pay, the fee for preparing the clerk’s record. See TEX. R. CIV. P. 145; TEX. R. APP. P. 34.1. On September 22, 2022, we notified Appellant that his appeal could be dismissed for want of prosecution if the clerk’s record was not filed. See TEX. R. APP. P. 37.3(a), (b). We directed Appellant to submit written evidence from the trial court clerk by October 24, 2022, reflecting he paid, or made arrangements to pay, the fee for preparing the clerk’s record. To date, Appellant has not responded to this Court’s notice and the clerk’s record has not been filed.

We dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b)-(c). All pending motions are denied as moot.

PER CURIAM Panel consists of Justices Goodman, Landau, and Rivas-Molloy.

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