TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-23-00728-CV

Nelson Partners, LLC; Nelson Brothers Property Management, Inc. d/b/a Nelson Partners Property Management, Inc.; NP Skyloft Equity IB; and Patrick Nelson, Appellants v. Burgundy 523 Offshore Fund, LTD; Axonic Special Opportunities SBL Master Fund, LP; Axonic Credit Opportunities Master Fund, LP; TCG Skyloft Owner, LLC; and Does 1-10, Appellees

FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY NO. D-1-GN-22-001980, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING

MEMORANDUM OPINION

The clerk’s record in this appeal was due for filing in this Court on November 27, 2023. On November 28, 2023, we notified appellants that no clerk’s record had been filed due to their failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s record. The notice requested that appellants make arrangements for the clerk’s record and submit a status report regarding this appeal by December 8, 2023. Further, the notice advised appellants that their failure to comply with this request could result in the dismissal of the appeal for want of prosecution. To date, appellants have not filed a status report or otherwise responded to this Court’s notice, and the clerk’s record has not been filed.

If a trial-court clerk fails to file the clerk’s record due to an appellant’s failure to pay or make arrangements to pay for the clerk’s fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). In this case, appellants have not established that they are entitled to proceed without payment of costs. See Tex. R. Civ. P. 145. Because appellants have failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution.

__________________________________________ Gisela D. Triana, Justice Before Chief Justice Byrne, Justices Triana and Smith Dismissed for Want of Prosecution Filed: December 15, 2023