Court of Civil Appeals of Texas, 2025

Manual Arana and Johana Arana v. Larry Wade Tucker, Sr

Manual Arana and Johana Arana v. Larry Wade Tucker, Sr
Court of Civil Appeals of Texas · Decided April 10, 2025

Manual Arana and Johana Arana v. Larry Wade Tucker, Sr

Opinion

Opinion filed April 10, 2025

In The Eleventh Court of Appeals __________ No. 11-25-00021-CV __________ MANUEL ARANA AND JOHANA ARANA, Appellants V. LARRY WADE TUCKER, SR, Appellee

On Appeal from the 441st District Court Midland County, Texas Trial Court Cause No. CV61330

MEMORANDUM OPINION Appellants, Manuel Arana and Johana Arana, filed a pro se notice of appeal from the trial court’s judgment. When the appeal was docketed, the clerk of this court notified Appellants that the filing fee was due on or before February 3, 2025. Appellants did not pay the fee, nor did they file a docketing statement by February 4. See TEX. R. APP. P. 5, 32.1. On February 4, February 14, February 24, March 6, and March 14, we notified Appellants by letter that the fee and the docketing statement were overdue, extended Appellants’ compliance dates, and informed Appellants that the failure to comply with these requirements may result in dismissal of the appeal. See TEX. R. APP. P. 5, 42.3. On March 18, the trial court clerk’s office filed a motion to extend time to file the clerk’s record, stating that Appellants have not paid for the clerk’s record, nor have they “submitted a request for preparation and/or written designation for the [clerk’s] record.” See TEX. R. APP. P. 34.5, 35.3(a)(2). We notified Appellants that the payment and designation are due for filing with the trial court clerk by March 28, 2025, and that this appeal may be dismissed for failure to comply. See TEX. R. APP. P. 37.3(b). On April 3, Johana Arana informed this court that Appellants no longer wish to pursue the appeal.

Because Appellants have failed to pay the required filing fee, failed to pay or make arrangements to pay for the preparation of the clerk’s record, failed to comply with this court’s directives, and notified this court that they no longer wish to pursue the appeal, we dismiss the appeal. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c).

W. STACY TROTTER JUSTICE

April 10, 2025 Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.