Cecilia E. Ibarra and Gabriel F. Espinoza, Appellants, v. Jesus Horacio Ruvalcaba, Appellee. (2016)

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 due to the fault of the Appellants, Cecilia E. Ibarra and Gabriel F. Espinoza, we dismiss the appeal for want of prosecution.

Unless otherwise excused, a non-indigent appellant must either pay for or make arrangements for the payment of the fees related to preparation of the appellate record to ensure that the record is timely filed.  Tex.R.App.P. 35.3(a)(2), (b)(3);  see Tex.R.App.P. 20.1(c);  37.3(b), (c).  The clerk's record was due to be filed on September 17, 2015.  The El Paso County District Clerk notified the Court that the clerk's record would not be filed because Appellants have not made financial arrangements for preparation of the clerk's record.  In accordance with Rule 37.3(b), the Clerk of the Court notified Appellant by letter regarding their failure to make financial arrangements to pay for the clerk's record and advised Appellants that the appeal would be dismissed for want of prosecution unless they responded within ten days and showed grounds for continuing the appeal.  See Tex.R.App.P. 37.3(b).  Appellants have not filed any written response or otherwise showed that grounds exist for the appeal to be continued.  Pursuant to Rules 37.3(b) and 42.3(b) and (c), we dismiss the appeal for want of prosecution.  See Tex.R.App.P. 37.3(b), 42.3(b), (c).

ANN CRAWFORD McCLURE, Chief Justice