Devorah J. Goldberg v. Joel Joselevitz, M.D.

• Court: Court of Appeals of Texas
• Decided: June 23, 2005
• Docket: 13-04-00457-CV
• Status: Published

Opinion

                                           NUMBER 13-04-457-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

____________________________________________________________    

DEVORAH J. GOLDBERG,                                                              Appellant,

                                                             v.

JOEL JOSELEVITZ, M.D.,                                                                 Appellee.

                              On appeal from the 94th District Court

                                        of Nueces County, Texas.

                               MEMORANDUM OPINION

                         Before Justices Hinojosa, Yañez, and Garza

                                 Memorandum Opinion Per Curiam

Appellant, DEVORAH J. GOLDBERG, perfected an appeal from a judgment entered by the 94th District Court of Nueces County, Texas, in cause number 03-7535-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.   Appellee has filed a motion to dismiss the appeal for want of prosecution.

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 May 4, 2005, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b) and 42.3.  Appellant was given twenty-one 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. Appellee=s motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 23rd day of June, 2005.