Augustine H. Moreno v. Susana C. Moreno

• Court: Court of Appeals of Texas
• Decided: March 8, 2001
• Docket: 13-00-00761-CV
• Status: Published

Opinion

NUMBER 13-00-761-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

AUGUSTINE H. MORENO

, Appellant,

v.

SUSANA C. MORENO

, Appellee.

____________________________________________________________________

On appeal from the 36th District Court of San Patricio County, Texas.

____________________________________________________________________

O P I N I O N

Before Chief Justice Valdez and Justices Hinojosa and Yañez

Opinion Per Curiam

Appellant, AUGUSTINE H. MORENO, perfected an appeal from a judgment entered by the 36th District Court of San Patricio County, Texas, in cause number 99-5205FL-A. On January 12, 2001, the District Clerk notified this Court that the clerk's record had not been filed because appellant had not paid or made arrangements for payment of the clerk's fee for preparation of the clerk's record. On January 16, 2001, in accordance with Tex. R. App. P. 37.3(b), notice was given to appellant that this appeal was subject to dismissal. Appellant was advised that, unless this defect was corrected within ten days from the date of receipt of this Court's notice, this appeal would be dismissed for want of prosecution. On January 23, 2001, appellant's letter requesting that his appeal be dropped was received in this Court.

The Court, having examined and fully considered the documents on file, appellant's failure to pay or make arrangements for payment of the clerk's fee for preparation of the clerk's record, this Court's notice, and appellant's response, is of the opinion that the appeal should be dismissed. 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Do not publish.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 8th day of March, 2001.