Don A. Payne v. Wilma G. Payne

Court of Appeals of Texas·Decided March 2, 2011·No. 04-10-00772-CV·Published

Opinion

MEMORANDUM OPINION No. 04-10-00772-CV

Don A. PAYNE, Appellant

v.

Wilma G. PAYNE, Appellee

From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-17750 Honorable Michael P. Peden, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice

Delivered and Filed: March 2, 2011

DISMISSED FOR WANT OF PROSECUTION

Appellant’s brief, which was due on January 21, 2011, has not been filed. On January

31, 2011, this court ordered appellant to show cause in writing by February 15, 2011, why this

appeal should not be dismissed for want of prosecution. Appellant did not respond. The appeal

is dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b). It is ordered that 04-10-00772-CV

no costs shall be assessed against appellant in relation to this appeal because he qualifies as an

indigent under TEX. R. APP. P. 20.

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