Court of Civil Appeals of Texas, 2025

James Serna v. Thomas Kunz, LLC D/B/A Septic Solutions & Kret Heating and Air Conditioning, LLC

James Serna v. Thomas Kunz, LLC D/B/A Septic Solutions & Kret Heating and Air Conditioning, LLC
Court of Civil Appeals of Texas · Decided January 22, 2025

James Serna v. Thomas Kunz, LLC D/B/A Septic Solutions & Kret Heating and Air Conditioning, LLC

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00728-CV James SERNA, Appellant v. THOMAS KUNZ, LLC d/b/a Septic Solutions & Kret Heating and Air Conditioning, LLC, Appellees From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2024-CI-21677 Honorable Rosie Alvarado, Judge Presiding PER CURIAM Sitting: Irene Rios, Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice Delivered and Filed: January 22, 2025 DISMISSED FOR WANT OF PROSECUTION On November 26, 2024, the trial court clerk filed a notification of late record stating the clerk’s record had not been filed because appellant had 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. On December 4, 2024, we ordered appellant to provide written proof to this court, on or before December 16, 2024, that either (1) the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee.

04-24-00728-CV

Our order warned that if appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), 42.3(c).

To date, Appellant has not responded to this court’s order. Accordingly, this appeal is dismissed for want of prosecution. See id.

PER CURIAM

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