Douglas Arthur Longron v. Mellon Mortgage Company Texas and Chase Manhattan Mortgage Company

• Court: Court of Appeals of Texas
• Decided: March 18, 2004
• Docket: 14-03-01445-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed March 18, 2004

Dismissed and Memorandum Opinion filed March 18, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01445-CV

DOUGLAS ARTHUR LONGRON, Appellant

V.

MELLON MORTGAGE COMPANY and CHASE MANHATTAN MORTGAGE COMPANY, Appellees

On Appeal from the 334th District Court

Harris County, Texas

Trial Court Cause No. 02-62278

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed November 24, 2003.  No clerk=s record has been filed.  The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. 

On February 5, 2004, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment.  See Tex. R. App. P. 37.3(b).

Appellant filed no response.

On February 20, 2004, appellees filed a motion to dismiss and motion for sanctions.  Appellees claim the appeal should be dismissed because the notice of appeal was not timely filed, and appellant has not paid for the clerk=s record or the appellate filing fee.  Appellees also seek sanctions for a frivolous appeal.  We grant the motion to dismiss.  We decline to assess sanctions.  

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 18, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.