Bernardo Lozano v. Transit Mix Concrete & Materials Company

• Court: Court of Appeals of Texas
• Decided: May 19, 2011
• Docket: 13-10-00652-CV
• Status: Published

Opinion

NUMBER 13-10-00652-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

BERNARDO LOZANO, ET AL., Appellants,

v.

TRANSIT MIX CONCRETE & MATERIALS COMPANY, Appellee. ____________________________________________________________

On Appeal from the 107th District Court of Cameron County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Benavides Memorandum Opinion Per Curiam

This cause is before the Court on appellee’s motions to dismiss the appeal.

Appellants, Bernardo Lozano, et. al., filed a notice of appeal from a judgment entered by

the 107th District Court of Cameron County in cause number 2007-05-2660-A. On

March 14, 2011, the Clerk of this Court notified appellants that the clerk's record in the

above cause was originally due on December 28, 2010, and that the deputy district clerk, Monica Uribe, had notified this Court that appellants failed to make arrangements for

payment of the clerk's record. The Clerk of this Court notified appellants of this defect so

that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P.

37.3, 42.3(b),(c). Appellants were advised that, if the defect was not corrected within

ten days from the date of receipt of this notice, the appeal would be dismissed for want of

prosecution.

Appellants have failed to respond to this Court=s notice. The Court hereby

GRANTS appellee’s motions to dismiss. Accordingly, the appeal is DISMISSED FOR

WANT OF PROSECUTION. See TEX. R. APP. P. 42.3(b), (c).

PER CURIAM

Delivered and filed the 19th day of May, 2011.