Paul Michael v. Maria Guadalupe Mascorro ( 2022 )


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  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-22-00640-CV
    Paul MICHAEL,
    Appellant
    v.
    Maria Guadalupe MASCORRO,
    Appellee
    From the 288th Judicial District Court, Bexar County, Texas
    Trial Court No. 2021-CI-05662
    Honorable Karen H. Pozza, Judge Presiding
    PER CURIAM
    Sitting:          Patricia O. Alvarez, Justice
    Luz Elena D. Chapa, Justice
    Irene Rios, Justice
    Delivered and Filed: December 7, 2022
    DISMISSED FOR WANT OF PROSECUTION
    In the case underlying this appeal, Appellant timely filed a notice of restricted appeal on
    September 29, 2022. See TEX. R. APP. P. 26.1. But he paid no filing fee and filed no docketing
    statement. Contra id. R. 5 (requiring fees in civil cases); id. R. 32.1 (requiring a docketing
    statement). He also failed to file an amended notice of appeal. See id. R. 5; id. R. 25.1(e), (g)
    (requiring an appellant to give notice of notice to the court reporter and to amend a defect or
    omission in the notice of appeal).
    04-22-00640-CV
    On November 4, 2022, we ordered Appellant to file an amended notice of appeal and to
    submit payment or show proof that he is entitled to appeal without paying for the clerk’s record or
    the filing fee by November 14, 2022, or the case would be dismissed for want of prosecution. See
    id. R. 5, 42.3; In re W.J.C., No. 04-05-00532-CV, 
    2005 WL 3477883
    , at *1 (Tex. App.—San
    Antonio Dec. 21, 2005, no pet.) (mem. op.).
    On November 14, 2022, the court reporter notified this court that no payment has been
    submitted for the reporter’s record.
    Furthermore, no response, amended notice of appeal, or payment has been provided to this
    court by Appellant.
    We dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c).
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-22-00640-CV

Filed Date: 12/7/2022

Precedential Status: Precedential

Modified Date: 12/13/2022