Don R. Badeaux v. the City of Los Fresnos, Texas and Robert Cepeda, Melanie McCormick, and Tom Jones, Individually and in Their Official Capacities

CourtCourt of Appeals of Texas
DecidedSeptember 27, 2001
Docket13-01-00422-CV
StatusPublished

This text of Don R. Badeaux v. the City of Los Fresnos, Texas and Robert Cepeda, Melanie McCormick, and Tom Jones, Individually and in Their Official Capacities (Don R. Badeaux v. the City of Los Fresnos, Texas and Robert Cepeda, Melanie McCormick, and Tom Jones, Individually and in Their Official Capacities) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Don R. Badeaux v. the City of Los Fresnos, Texas and Robert Cepeda, Melanie McCormick, and Tom Jones, Individually and in Their Official Capacities, (Tex. Ct. App. 2001).

Opinion


NUMBER 13-01-422-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

DON R. BADEAUX, Appellant,

v.


THE CITY OF LOS FRESNOS, TEXAS, ET AL., Appellees.

____________________________________________________________________

On appeal from the 197th District Court

of Cameron County, Texas.

____________________________________________________________________

O P I N I O N



Before Chief Justice Valdez and Justices Hinojosa and Yañez

Opinion Per Curiam



Appellant, Don R. Badeaux, perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 1999-04-1791-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 August 20, 2001 , 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 27th day of September, 2001.

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Don R. Badeaux v. the City of Los Fresnos, Texas and Robert Cepeda, Melanie McCormick, and Tom Jones, Individually and in Their Official Capacities, Counsel Stack Legal Research, https://law.counselstack.com/opinion/don-r-badeaux-v-the-city-of-los-fresnos-texas-and--texapp-2001.