Dany Joe Guest, Marry E. Tindle, and Cynthia E. Martin v. TXU Electric Delivery Company

• Court: Court of Appeals of Texas
• Decided: January 28, 2010
• Docket: 02-09-00385-CV
• Status: Published

Opinion

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-09-385-CV

DANY JOE GUEST, MARRY E. TINDLE,                                 APPELLANTS

AND CYNTHIA E. MARTIN

                                                   V.

TXU ELECTRIC DELIVERY COMPANY                                        APPELLEE

                                               ----------

                    FROM PROBATE COURT OF DENTON COUNTY

                                              ------------

                  MEMORANDUM OPINION^[1] AND JUDGMENT

On December 29, 2009, we notified appellants that the trial court clerk responsible for preparing the record in this appeal had informed this court that arrangements had not been made to pay for the clerk=s record as required by Texas Rule of Appellate Procedure 35.3(a)(2).  See Tex. R. App. P. 35.3(a)(2).  We stated that we would dismiss the appeal for want of prosecution unless appellants, within fifteen days, made arrangements to pay for the clerk=s record and provided this court with proof of payment.

Because appellants have not made payment arrangements for the clerk=s record, it is the opinion of the court that the appeal should be dismissed for want of prosecution.  Accordingly, we dismiss the appeal.  See Tex. R. App. P. 37.3(b), 42.3(b).

Appellants shall pay all costs of the appeal, for which let execution issue.

PER CURIAM

PANEL:  MEIER, LIVINGSTON, and DAUPHINOT, JJ.

DELIVERED:  January 28, 2010

---

^[1]See Tex. R. App. P. 47.4.