Full Opinion (html_with_citations)

       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN


                                       NO. 03-23-00728-CV


Nelson Partners, LLC; Nelson Brothers Property Management, Inc. d/b/a Nelson Partners
   Property Management, Inc.; NP Skyloft Equity IB; and Patrick Nelson, Appellants

                                                  v.

Burgundy 523 Offshore Fund, LTD; Axonic Special Opportunities SBL Master Fund, LP;
Axonic Credit Opportunities Master Fund, LP; TCG Skyloft Owner, LLC; and Does 1-10,
                                     Appellees



                FROM THE 261ST DISTRICT COURT OF TRAVIS COUNTY
       NO. D-1-GN-22-001980, THE HONORABLE KARIN CRUMP, JUDGE PRESIDING



                             MEMORANDUM OPINION


               The clerk’s record in this appeal was due for filing in this Court on November 27,

2023. On November 28, 2023, we notified appellants that no clerk’s record had been filed due to

their failure to pay or make arrangements to pay the trial clerk’s fee for preparing the clerk’s

record. The notice requested that appellants make arrangements for the clerk’s record and

submit a status report regarding this appeal by December 8, 2023. Further, the notice advised

appellants that their failure to comply with this request could result in the dismissal of the appeal

for want of prosecution. 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 a trial-court clerk fails to file the clerk’s record due to an appellant’s 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 the appellant was 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. Civ. P. 145. Because

appellants have failed to pay or make arrangements to pay the clerk’s fee for preparing the

clerk’s record, this appeal is dismissed for want of prosecution.



                                              __________________________________________
                                              Gisela D. Triana, Justice

Before Chief Justice Byrne, Justices Triana and Smith

Dismissed for Want of Prosecution

Filed: December 15, 2023




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