in Re David Sibley

• Court: Court of Appeals of Texas
• Decided: February 7, 2013
• Docket: 13-12-00172-CV
• Status: Published

Opinion

NUMBER 13-12-00172-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

IN RE DAVID SIBLEY ____________________________________________________________

On appeal from the 319th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Longoria Memorandum Opinion Per Curiam

Appellant, David Sibley, filed an appeal from a sanctions order. On May 22, 2012,

the Clerk of this Court notified appellant that the clerk's record in the above cause was

originally due on June 9, 2011, and that the deputy district clerk, Tiffany Garza, had

notified this Court that appellant failed to make arrangements for payment of the clerk's

record. The Clerk of this Court notified appellant of this defect so that steps could be

taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.3, 42.3(b),(c). Appellant was advised that, if the defect was not corrected within ten days from the date

of receipt of this notice, the appeal would be dismissed for want of prosecution.

On July 30, 2012, the Clerk of the Court notified appellant that he was delinquent in

remitting a $20.00 filing fee. The Clerk of this Court notified appellant that the appeal

was subject to dismissal if the filing fee was not paid within ten days from the date of

receipt of this letter. See id. 42.3(b),(c).

Appellant has failed to respond to this Court=s notices and has failed to pay the

filing fee. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.

See TEX. R. APP. P. 42.3(b),(c).

PER CURIAM

Delivered and filed the 7th day of February, 2013.