Billy R. and Norma Ousley v. Matthew G. and Donna S. Mieszkowski

• Court: Court of Appeals of Texas
• Decided: December 17, 2009
• Docket: 13-09-00485-CV
• Status: Published

Opinion

NUMBER 13-09-00485-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

BILLY R. AND NORMA OUSLEY, APPELLANTS,

v.

MATTHEW G. AND DONNA S. MIESZKOWSKI, APPELLEES. _____________________________________________________________

On Appeal from the County Court of Goliad County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Vela Memorandum Opinion Per Curiam

Appellants, Billy R. and Norma Ousley, perfected an appeal from a judgment

rendered against them in favor of appellees, Matthew G. and Donna S. Mieszkowski. On

November 4, 2009, the Clerk of this Court notified appellants that the clerk's record in the

above cause was originally due on October 19, 2009, and that the county clerk, Mary Ellen Flores, 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.

On December 7, 2009, appellees filed a motion to dismiss based on appellants’

failure to make arrangements for payment of the clerk’s record. Appellants have failed to

respond to this Court’s notice. Accordingly, appellees’ motion is GRANTED and the appeal

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

PER CURIAM

Delivered and filed the 17th day of December, 2009.