LLC v. LLC

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Court of Appeals of Texas, Austin.

Appellants, Champion Printing & Copying LLC d/b/a Jerry Hayes Photography and Jerry Hayes// Cross-Appellants, Jennifer Nichols; Nichols Photographers, Inc.; and Jennifer Lindberg d/b/a Jennifer Lindberg Weddings v. Appellees, Jennifer Nichols; Nichols Photographers, Inc.; and Jennifer Lindberg d/b/a Jennifer Lindberg Weddings; and John Does 1-4// Cross-Appellees, Champion Printing & Copying LLC d/b/a Jerry Hayes Photography and Jerry Hayes

NO. 03–15–00704–CV

Decided: January 28, 2016

Before Chief Justice Rose, Justices Pemberton and Bourland

ORDER

Appellants, Champion Printing & Copying LLC d/b/a Jerry Hayes Photography and Jerry Hayes, filed their notice of appeal in this Court on November 10, 2015.  On November 10, we notified appellants that they were required to make a written request and arrangements to pay for the clerk's record and the reporter's record within ten days from their receipt of our letter.  The clerk's record from the trial court was due to be filed in this Court on December 23, 2015.

On December 29, 2015, this Court notified appellants that no clerk's record had been filed due to their failure to pay or make arrangements to pay the fee for preparing the clerk's record.  The Court's notice requested that appellants make arrangements for the clerk's record and submit a status report regarding this appeal by January 8, 2016.  In addition, the notice informed appellants that their appeal was subject to dismissal if they did not comply with our instructions.  To date, appellants have not filed a status report or otherwise responded to this Court's notice, and the clerk's record has not been filed.

If the trial court's clerk fails to file the clerk's record due to appellants' failure to pay or make arrangements to pay for the clerk's fee for preparing the record, the appellate court may dismiss the appeal for want of prosecution unless appellants were entitled to proceed without payment of costs.  Tex.R.App. P. 37.3(b).  In this case, appellants have not established that they are entitled to proceed without payment of costs, see Tex.R.App. P. 20.1 (providing procedure for establishing indigence on appeal), and they have failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record.  We therefore dismiss the appeal for want of prosecution.  See Tex.R.App. P. 42.3(b).

The appeal shall continue as to the former cross-appellants, now appellants, Jennifer Nichols;  Nichols Photographers, Inc.;  and Jennifer Lindberg d/b/a Jennifer Lindberg Weddings.  We have amended the style of the case to reflect the partial dismissal:  Jennifer Nichols;  Nichols Photographers, Inc.;  and Jennifer Lindberg d/b/a Jennifer Lindberg Weddings, Appellants v. Champion Printing & Copying LLC d/b/a Jerry Hayes Photography and Jerry Hayes, Appellees.

It is ordered.

PER CURIAM