Kathleen Spangler, Individually and Jeffery Spangler, Individually and as Next Friend of J.S., a Child v. Auto-Chlor Services, LLC and Josue Molina, Individually

Summary

The Fifth District Court of Appeals at Dallas dismissed the appeal for failure to file the clerk’s record or provide proof of payment or arrangements to pay for it. The dismissal was entered under Texas Rules of Appellate Procedure 37.3(b) and 42.3(b), (c), after the appellants failed to comply with the court’s reinstatement order.

Holdings

1. An appeal may be dismissed when appellants fail to comply with an order requiring proof of payment or arrangements to pay for the clerk's record after being warned that noncompliance would result in dismissal.

Questions Presented

1. Whether the appeal should be dismissed when appellants failed to comply with the court's order to file proof of payment or arrangements to pay for the clerk's record.

Disposition

dismissed