In the Estate of Floyd Clevenger v. the State of Texas

Court of Appeals of Texas

In the Estate of Floyd Clevenger v. the State of Texas

DecidedMay 25, 2023

Docket05-23-00406-CV

StatusPublished

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In the Estate of Floyd Clevenger v. the State of Texas, (Tex. Ct. App. 2023).

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Opinion

DISMISS and Opinion Filed May 25, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00406-CV

IN THE ESTATE OF FLOYD CLEVENGER, DECEASED

On Appeal from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-18-02474-1

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns Although appellant filed a notice of appeal in the trial court on May 13, 2022, it was not filed in this Court until May 2, 2023. Because almost one year had lapsed since appellant filed the notice of appeal in the trial court and no record has been filed or inquiry been made regarding the appeal, the Court questioned whether appellant desired to pursue the appeal. By order dated May 3, 2023, the Court cautioned appellant that it would dismiss the appeal unless she provided written notification within ten days that she intended to pursue the appeal. To date, appellant has not communicated with the Court. Accordingly, we dismiss the appeal. TEX. R. APP. P. 42.3(c).

/Robert D. Burns, III// 230406f.p05 ROBERT D. BURNS, III CHIEF JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE ESTATE OF FLOYD On Appeal from the Probate Court CLEVENGER, DECEASED No. 1, Dallas County, Texas Trial Court Cause No. PR-18-02474- No. 05-23-00406-CV 1. Opinion delivered by Chief Justice Burns. Justices Pedersen, III and Goldstein participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that the parties bear their own costs of this appeal.

Judgment entered this 25th day of May, 2023.

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DISMISS and Opinion Filed May 25, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00406-CV

IN THE ESTATE OF FLOYD CLEVENGER, DECEASED

On Appeal from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-18-02474-1

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns Although appellant filed a notice of appeal in the trial court on May 13, 2022, it was not filed in this Court until May 2, 2023. Because almost one year had lapsed since appellant filed the notice of appeal in the trial court and no record has been filed or inquiry been made regarding the appeal, the Court questioned whether appellant desired to pursue the appeal. By order dated May 3, 2023, the Court cautioned appellant that it would dismiss the appeal unless she provided written notification within ten days that she intended to pursue the appeal. To date, appellant has not communicated with the Court. Accordingly, we dismiss the appeal. TEX. R. APP. P. 42.3(c).

/Robert D. Burns, III// 230406f.p05 ROBERT D. BURNS, III CHIEF JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE ESTATE OF FLOYD On Appeal from the Probate Court CLEVENGER, DECEASED No. 1, Dallas County, Texas Trial Court Cause No. PR-18-02474- No. 05-23-00406-CV 1. Opinion delivered by Chief Justice Burns. Justices Pedersen, III and Goldstein participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that the parties bear their own costs of this appeal.

Judgment entered this 25th day of May, 2023.

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