Gerald and Vanessa Kimbrough v. William H. Carter and Melanie Z. Carter

Opinion

Opinion issued January 12, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-10-00576-CV

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Gerald Kimbrough and vanessa kimbrough, Appellants

V.

william h. carter and melanie z. carter,

Appellees

On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Case No. 921840

MEMORANDUM OPINION

          The appellate record in this case was originally due on October 4, 2010. The record was not timely filed because appellants failed to make payment arrangements. Appellants requested additional time to file the appellate record, and this Court allowed them until April 6, 2011 to file the record. Appellants failed to file the record by April 6, 2011 or thereafter. On November 22, 2011, the Clerk of this Court sent appellants a notice that the record was past due and had not been filed because they had not made payment arrangements. The Clerk allowed appellants until December 13, 2011 to file a written response establishing that payment arrangement had been made. The Clerk also invited appellants to file written explanation if they believed they were exempt from the obligation to pay for the appellate record. Appellants filed no written response, and the appellate record still has not been filed in this appeal.

The Clerk informed appellants that their appeal could be dismissed for want of prosecution without further notice if appellants failed to comply with the December 13, 2011 deadline. Appellants have failed to comply. We dismiss this case for want of prosecution. See Tex. R. App. P. 42.3(b) (authorizing involuntary dismissal of civil case for want of prosecution). All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown.