John Schwitz v. Alpha Precast Concrete LLC, and David Salazar ( 2023 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
JOHN SCHWITZ, § No. 08-23-00090-CV
Appellant,
§ Appeal from the
v.
§ 441st Judicial District Court
ALPHA PRECAST CONCRETE LLC, and
DAVID SALAZAR, § of Midland County, Texas
Appellees.
§ (TC# CV57937)
MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination of whether it should
be dismissed for want of prosecution. See TEX. R. APP. P. 42.3. Finding the clerk’s record has not
been filed due to the fault of Appellant, we dismiss the appeal for want of prosecution. 1
After the Midland County District Clerk notified this Court of Appellant’s failure to pay
or to arrange to pay for preparation of the clerk’s record, the Clerk of this Court sent a letter to all
parties on May 11, 2023, giving ten days’ notice of the Court’s intention to dismiss the appeal for
want of prosecution unless Appellant provided grounds for continuing the appeal. See TEX. R. APP.
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We hear this case on transfer from the Eleventh Court of Appeals in Eastland. See TEX. R. APP. P. 41.3.
P. 37.3(b) (authorizing appellate court to dismiss appeal if no clerk’s record is prepared due to
Appellant’s fault).
As of this date, more than ten days have elapsed from this Court’s notice, yet Appellant
has not paid (or arranged to pay) for preparation of the clerk’s record, nor has he otherwise shown
he is excused from paying. Accordingly, we dismiss this appeal for want of prosecution. See
TEX. R. APP. P. 37.3(b); 42.3(b), (c).
GINA M. PALAFOX, Justice
May 30, 2023
Before Rodriguez, C.J., Palafox, and Soto, JJ.
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