Manual Arana and Johana Arana v. Larry Wade Tucker, Sr

Opinion filed April 10, 2025

In The

Eleventh Court of Appeals
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No. 11-25-00021-CV
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MANUEL ARANA AND JOHANA ARANA, Appellants
V.
LARRY WADE TUCKER, SR, Appellee

On Appeal from the 441st District Court
Midland County, Texas
Trial Court Cause No. CV61330

MEMORANDUM OPINION
Appellants, Manuel Arana and Johana Arana, filed a pro se notice of appeal
from the trial court’s judgment. When the appeal was docketed, the clerk of
this court notified Appellants that the filing fee was due on or before February 3,
2025. Appellants did not pay the fee, nor did they file a docketing statement by
February 4. See TEX. R. APP. P. 5, 32.1. On February 4, February 14, February 24,
March 6, and March 14, we notified Appellants by letter that the fee and the
docketing statement were overdue, extended Appellants’ compliance dates, and
informed Appellants that the failure to comply with these requirements may result
in dismissal of the appeal. See TEX. R. APP. P. 5, 42.3. On March 18, the trial court
clerk’s office filed a motion to extend time to file the clerk’s record, stating that
Appellants have not paid for the clerk’s record, nor have they “submitted a request
for preparation and/or written designation for the [clerk’s] record.” See TEX. R.
APP. P. 34.5, 35.3(a)(2). We notified Appellants that the payment and designation
are due for filing with the trial court clerk by March 28, 2025, and that this appeal
may be dismissed for failure to comply. See TEX. R. APP. P. 37.3(b). On April 3,
Johana Arana informed this court that Appellants no longer wish to pursue the
appeal.
Because Appellants have failed to pay the required filing fee, failed to pay or
make arrangements to pay for the preparation of the clerk’s record, failed to comply
with this court’s directives, and notified this court that they no longer wish to pursue
the appeal, we dismiss the appeal. See TEX. R. APP. P. 5, 37.3(b), 42.3(b), (c).

W. STACY TROTTER
JUSTICE

April 10, 2025
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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