Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00489-CV Jose FLORES, Appellant v. Sergio BERNAL, Appellee From the 406th Judicial District Court, Webb County, Texas Trial Court No. 2021CVK001079D4 Honorable Oscar J. Hale, Jr., Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice Delivered and Filed: August 28, 2024 DISMISSED FOR WANT OF PROSECUTION The clerk’s record was due on June 26, 2024. On July 26, 2024, the trial court clerk filed a notice of late record stating appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the record and that appellant is not entitled to appeal without paying the fee.

Appellant has also not paid the filing fee for this appeal, filed a docketing statement for this appeal, or made arrangements to pay for the reporter’s record.

On August 2, 2024, we ordered appellant to file, no later than August 12, 2024, written proof that either (1) the clerk’s fee has been paid or arrangements have been made to pay the 04-24-00489-CV

clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. Our order cautioned appellant that if he failed to respond satisfactorily by August 12, we would dismiss the appeal for want of prosecution. See TEX. R. APP. P. 38.8(a); see also TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal if appellant fails to comply with court order). Appellant did not file a timely response to our August 12th order. We dismiss this appeal for want of prosecution.

PER CURIAM

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