Alicia P. Levitas, Individually and as Administratrix of the Estate of Sarah Pasol Factor v. Pedro L. Barraza, Maria Elena Barraza, and Barraza Family Limited Partnership

• Court: Court of Appeals of Texas
• Decided: December 19, 2002
• Docket: 13-02-00510-CV
• Status: Published

Opinion

                                              NUMBER 13-02-510-CV

                                             COURT OF APPEALS

                                  THIRTEENTH DISTRICT OF TEXAS

                                                CORPUS CHRISTI

_________________________________________________________________

ALICIA P. LEVITAS, INDIVIDUALLY AND AS

ADMINISTRATRIX OF THE ESTATE OF SARAH

PASOL FACTOR, DECEASED,                                                                                           Appellant,

                                                                             v.

PEDRO L. BARRAZA, INDIVIDUALLY AND D/B/A

BARRAZA FAMILY LIMITED PARTNERSHIP, ET AL.,                                                    Appellees.

_________________________________________________________________

                                              On appeal from the 357^th District Court

                                                        of Cameron County, Texas.

_________________________________________________________________

                                                    O P I N I O N

                                    Before Justices Dorsey, Rodriguez, and Castillo

                                                             Opinion Per Curiam

Appellant, Alicia P. Levitas, Individually and as Administratrix of the Estate of Sarah Pasol Factor, Deceased, perfected an appeal from a judgment entered by the 357^th District Court of Cameron County, Texas, in cause number 2001-10-4369-E.  No clerk=s record has been filed due to appellant=s failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record. 

If the trial court clerk fails to file the clerk=s record because the appellant failed to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s 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).

On October 16, 2002, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b).  Appellant was given ten days to explain why the cause should not be dismissed.  To date, no response has been received from appellant.

The Court, having examined and fully considered the documents on file, appellant=s failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record,  this Court=s notice, and appellant=s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 19^th day of December, 2002.