Amber C. Erickson v. Otis Simmons

Opinion

NO. 07-05-0366-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

DECEMBER 14, 2005 ______________________________

AMBER C. ERICKSON

Appellant

v.

OTIS SIMMONS Appellee

_________________________________

FROM THE 99th DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2004-525,408; HON. WILLIAM C. SOWDER, PRESIDING _______________________________

DISMISSAL _______________________________

Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.

We vacate our previous order abating this cause.

Pending before the court is the appeal by Amber C. Erickson. The notice of appeal

was filed on October 17, 2005. The clerk’s motion for extension of time to file the record

was granted to December 14, 2005. On December 1, 2005, the clerk of this court

contacted appellant’s counsel by letter informing counsel that the cause would be

dismissed if he did not certify to this court in writing 1) that Texas Rule of Appellate

Procedure 35.3(a)(2) had been complied with and 2) the date of compliance. The certification was due on or before December 12, 2005. To date, no reply has been received.

After notice, we may dismiss an appeal because an appellant fails to comply with a

requirement of the rules of appellate procedure. TEX . R. APP . P. 42.3(c). Since appellant

has not complied with Rule 35.3(a)(2) and has not told us why the cause should remain

pending, we dismiss the appeal.