Hilliard Energy, Ltd. v. Gotec Land Services, Inc.

Court of Appeals of Texas

Hilliard Energy, Ltd. v. Gotec Land Services, Inc.

DecidedMay 19, 2011

Docket11-11-00030-CV

StatusPublished

This text of Hilliard Energy, Ltd. v. Gotec Land Services, Inc. (Hilliard Energy, Ltd. v. Gotec Land Services, Inc.) 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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Hilliard Energy, Ltd. v. Gotec Land Services, Inc., (Tex. Ct. App. 2011).

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Opinion

Opinion filed May 19, 2011

In The

Eleventh Court of Appeals __________

No. 11-11-00030-CV __________

HILLIARD ENERGY, LTD.

V.

GOTEC LAND SERVICES, INC.

On Appeal from the 142nd District Court

Midland County, Texas

Trial Court Cause No. CV-46,700

MEMORANDUM OPINION This is an appeal from a final judgment signed on December 17, 2010. Appellant, Hilliard Energy, Ltd., has timely filed a notice of appeal. However, neither a clerk’s record nor a reporter’s record have been filed. We dismiss the appeal for want of prosecution. The clerk of the trial court and the court reporter have notified this court that appellant has neither filed a written designation specifying the matters to be included in the clerk’s record or the reporter’s record nor made arrangements to pay for the clerk’s record or the reporter’s record. On April 25, 2011, the clerk of this court wrote appellant and requested that it forward proof that it has filed a designation of the clerk’s record and reporter’s record and made arrangements to pay for the clerk’s record and reporter’s record by May 6, 2011. The clerk’s letter of April 25 additionally informed appellant that the failure to provide the requested proof by the date indicated could result in the dismissal of this appeal. There has been no response to the clerk’s letter of April 25. The failure to file the clerk’s record and reporter’s record appears to be due to appellant’s acts and omissions. Therefore, pursuant to TEX. R. APP. P. 37.3(b) and 42.3(b), the appeal is dismissed for want of prosecution.

PER CURIAM

May 19, 2011 Panel1 consists of: Wright, C.J., McCall, J., and Hill, J.2

1 Rick Strange, Justice, resigned effective April 17, 2011. The justice position is vacant pending appointment of a successor by the governor.

2 John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.

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Opinion filed May 19, 2011

In The

Eleventh Court of Appeals __________

No. 11-11-00030-CV __________

HILLIARD ENERGY, LTD.

V.

GOTEC LAND SERVICES, INC.

On Appeal from the 142nd District Court

Midland County, Texas

Trial Court Cause No. CV-46,700

MEMORANDUM OPINION This is an appeal from a final judgment signed on December 17, 2010. Appellant, Hilliard Energy, Ltd., has timely filed a notice of appeal. However, neither a clerk’s record nor a reporter’s record have been filed. We dismiss the appeal for want of prosecution. The clerk of the trial court and the court reporter have notified this court that appellant has neither filed a written designation specifying the matters to be included in the clerk’s record or the reporter’s record nor made arrangements to pay for the clerk’s record or the reporter’s record. On April 25, 2011, the clerk of this court wrote appellant and requested that it forward proof that it has filed a designation of the clerk’s record and reporter’s record and made arrangements to pay for the clerk’s record and reporter’s record by May 6, 2011. The clerk’s letter of April 25 additionally informed appellant that the failure to provide the requested proof by the date indicated could result in the dismissal of this appeal. There has been no response to the clerk’s letter of April 25. The failure to file the clerk’s record and reporter’s record appears to be due to appellant’s acts and omissions. Therefore, pursuant to TEX. R. APP. P. 37.3(b) and 42.3(b), the appeal is dismissed for want of prosecution.

PER CURIAM

May 19, 2011 Panel1 consists of: Wright, C.J., McCall, J., and Hill, J.2

1 Rick Strange, Justice, resigned effective April 17, 2011. The justice position is vacant pending appointment of a successor by the governor.

2 John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.

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Hilliard Energy, Ltd. v. Gotec Land Services, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilliard-energy-ltd-v-gotec-land-services-inc-texapp-2011.