Deborah Lynn Davis v. Ronald Dwayne Davis

• Court: Court of Appeals of Texas
• Decided: October 1, 2009
• Docket: 13-09-00397-CV
• Status: Published

Opinion

NUMBER 13-09-00397-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ______________________________________________________________

DEBORAH LYNN DAVIS, APPELLANT,

v.

RONALD DWAYNE DAVIS, APPELLEE. _____________________________________________________________

On Appeal from the 418th District Court of Montgomery County, Texas. ______________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Benavides, and Vela Memorandum Opinion Per Curiam

Appellant, Deborah Lynn Davis, perfected an appeal from a judgment rendered

against her in favor of appellee, Ronald Dwayne Davis. On July 20, 2009, the Clerk of this

Court notified appellant that the clerk's record in the above cause was originally due on

July 13, 2009, and that the deputy district clerk, Bobbye Miller, had notified this Court that appellant failed to make arrangements for payment of the clerk's record. The Clerk of this

Court notified appellant 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). Appellant was 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 August 7, 2009, the Clerk of the Court notified appellant that she was delinquent

in remitting a $175.00 filing fee. The Clerk of this Court notified appellant that the appeal

was subject to dismissal if the filing fee was not paid within ten days from the date of

receipt of this letter. See id. 42.3(b),(c).

Appellant has failed to failed to respond to this Court’s notices and has failed to pay

the filing fee. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.

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

PER CURIAM

Memorandum Opinion delivered and filed this the 1st day of October, 2009.