Burley Johnson v. Orange County Sheriff's Department

• Court: Court of Appeals of Texas
• Decided: August 15, 2002
• Docket: 13-02-00251-CV
• Status: Published

Opinion

                                   NUMBER 13-02-251-CV

                             COURT OF APPEALS

                   THIRTEENTH DISTRICT OF TEXAS

                                CORPUS CHRISTI

BURLEY JOHNSON,                                                              Appellant,

                                                   v.

ORANGE COUNTY SHERIFF=S DEPARTMENT,

ET AL.,                                                                               Appellees.

                        On appeal from the 260th District Court

                                  of Orange County, Texas.

                                   O P I N I O N

         Before Chief Justice Valdez and Justices Hinojosa and Yanez

                                       Opinion Per Curiam

Appellant, BURLEY JOHNSON, perfected an appeal from a judgment entered by the 260th District Court of Orange County, Texas, in cause number D-950027-C.  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 June 25, 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Do not publish.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 15^th day of August, 2002.