The opinion
Opinion issued August 19, 2021
In The
Court of Appeals
For The
First District of Texas
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NO. 01-21-00072-CV
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JAMES P. ARTHUR, MARY ARTHUR, LEGONITE, INC., PARADISE
LIVING, INC., AND ARTHUR HOLDINGS, L.P., Appellants
V.
JOHN M. RABORN, Appellee
On Appeal from the 11th District Court
Harris County, Texas
Trial Court Case No. 2020-13849
MEMORANDUM OPINION
The appellate record in this appeal was due to be filed on or before
March 8, 2021. See TEX. R. APP. P. 35.1. The clerk’s record was not timely filed.
On May 4, 2021, the trial court clerk notified the Court that the clerk’s record was
not filed because appellants, James P. Arthur, Mary Arthur, Legonite, Inc., Paradise
Living, Inc., and Arthur Holdings, L.P. (collectively, “appellants”), had not paid or
made arrangements to pay the fee for the preparation of the clerk’s record. See TEX.
R. APP. P. 35.3(a)(2).
This Court’s records reflect that appellants have neither established indigence
for purposes of appellate costs nor arranged to pay the fee for the preparation of the
clerk’s record. See TEX. R. CIV. P. 145, TEX. R. APP. P. 37.3(b). On May 4, 2021,
appellants were notified that this appeal was subject to dismissal if appellants did
not submit written evidence that they had paid or made arrangements to pay the fee
for the preparation of the clerk’s record, or were otherwise exempt from paying the
clerk’s fee, on or before June 3, 2021. Appellants did not adequately respond.
Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP.
P. 37.3(b), 42.3(b), 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Farris.
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