Arthur Johnson v. Coach USA

• Court: Court of Appeals of Texas
• Decided: June 20, 2002
• Docket: 13-02-00040-CV
• Status: Published

Opinion

                                   NUMBER 13-02-040-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

ARTHUR JOHNSON,                                                             Appellant,

                                                   v.

COACH USA, INC., ET AL.,                                                   Appellees.

                        On appeal from the 127th District Court

                                   of Harris County, Texas.

                                   O P I N I O N

                   Before Justices Dorsey, Rodriguez, and Castillo

                                       Opinion Per Curiam

Appellant, ARTHUR JOHNSON, perfected an appeal from a judgment entered by the 127th District Court of Harris County, Texas, in cause number 00-01292.  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 March 27, 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Do not publish.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 20^th day of June, 2002.