John Mason Hughes v. Easy Street Capital, LLC Russell Frost, Trustee Hornet Capital, LLC And Patrick E. Hudson, Trustee ( 2020 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
JOHN MASON HUGHES, §
No. 08-20-00032-CV
Appellant, §
Appeal from the
v. §
201st District Court
EASY STREET CAPITAL, L.L.C.; §
RUSSELL FROST, Trustee, HORNET of Travis County, Texas1
CAPITAL, L.L.C., and PATRICK E. §
HUDSON, Trustee, (TC# D-1-GN-18-005944)
§
Appellees.
MEMORANDUM OPINION
This appeal is before the Court on its own motion to determine whether it should be
dismissed for want of prosecution. Finding that the clerk’s record has not been filed because
Appellant John Mason Hughes has failed to make financial arrangements to pay for the clerk’s
record, we dismiss the appeal for want of prosecution.
The Travis County District Clerk notified the Court that Appellant has not made financial
arrangements to pay for preparation of the clerk’s record as required by TEX.R.APP.P. 35.3(a)(2).
The Clerk of this Court notified Appellant that the Court intended to dismiss the appeal for want
of prosecution unless Appellant responded within ten days and showed grounds for continuing
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We hear this case on transfer from the Third Court of Appeals in Austin. See TEX.R.APP.P. 41.3.
the appeal. See TEX.R.APP.P. 37.3(b). Appellant has not filed any response establishing that he
is entitled to appeal without paying for the clerk’s record or that he has made arrangements to
pay for preparation of the clerk’s record. We conclude that the clerk’s record has not been filed
due to the fault of the Appellant. Accordingly, we dismiss the appeal for want of prosecution.
See TEX.R.APP.P. 37.3(b), 42.3(b), (c).
April 15, 2020
YVONNE T. RODRIGUEZ, Justice
Before Alley, C.J., Rodriguez, and Palafox, JJ.
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