Betty Ann Newby v. Sheria Evans, Individually and as Administratrix of the Estate of George Ralph Newby, Jr., Dan Moser, Individually and as Trustee for Moser and Stubblefield Investments Moser Investments

• Court: Court of Appeals of Texas
• Decided: February 13, 2004
• Docket: 07-03-00547-CV
• Status: Published

Opinion

NO. 07-03-0547-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

FEBRUARY 13, 2004

______________________________

BETTY ANN NEWBY, APPELLANT

V.

SHERIA EVANS, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GEORGE RALPH NEWBY, JR., DECEASED; DAN MOSER INDIVIDUALLY AND AS TRUSTEE FOR MOSER AND STUBBLEFIELD INVESTMENTS; MOSER INVESTMENTS, APPELLEES

_________________________________

FROM THE 84TH DISTRICT COURT OF HUTCHINSON COUNTY;

NO. 35,142; HONORABLE JACK YOUNG, JUDGE

_______________________________

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

MEMORANDUM OPINION

On December 30, 2003, the clerk of this court received a copy of a Notice of Appeal filed on behalf of appellant Betty Ann Newby. By letter dated January 5, 2004, the clerk advised appellant that a filing fee had not been received, see Tex. R. App. P. 5, nor had a docketing statement been filed. See Tex. R. App. P. 32.1. The clerk's letter likewise advised that no further action would be taken on the appeal by this Court until a filing fee had been paid and that failure to pay the filing fee may result in dismissal of the appeal. See Tex. R. App. P. 42.3.

The filing fee was not paid. By letter dated January 22, 2004, the clerk advised counsel for appellant that the filing fee had still not been paid, and that unless the filing fee was received on or before February 2, 2004, the appeal would be subject to dismissal.

The filing fee has not been paid. Accordingly, this appeal is dismissed. Tex. R. App. P. 42.3.

Phil Johnson

Chief Justice

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                                                              NO. 07-10-0264-CR

NO. 07-10-0265-CR

                                                     IN THE COURT OF APPEALS

                                          FOR THE SEVENTH DISTRICT OF TEXAS

                                                                  AT AMARILLO

                                                                      PANEL B

                                                            NOVEMBER 10, 2010

                                                ______________________________

                                                         ANTHONY CALDERON,

Appellant

                                                                             v.

                                                          THE STATE OF TEXAS,

Appellee

                                             _________________________________

               FROM THE COUNTY COURT AT LAW NO. ONE OF LUBBOCK COUNTY;

                 NOS. 2007-445080, 2009-456184; HON. STUART MESSER, PRESIDING

                                               _______________________________

                                                           On Motion to Dismiss

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

Appellant Anthony Calderon, by and through his attorney, has filed a motion to dismiss his appeals because he no longer desires to prosecute them.  Without passing on the merits of the case, we grant the motions to dismiss pursuant to Texas Rule of Appellate Procedure 42.2(a) and dismiss the appeals.  Having dismissed the appeals at appellant=s request, no motions for rehearing will be entertained, and our mandates will issue forthwith.

Do not publish.                                                            Per Curiam