in the Matter of Estate of J. R. Heard

Court of Appeals of Texas

in the Matter of Estate of J. R. Heard

DecidedAugust 15, 2002

Docket06-02-00038-CV

StatusPublished

This text of in the Matter of Estate of J. R. Heard (in the Matter of Estate of J. R. Heard) 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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in the Matter of Estate of J. R. Heard, (Tex. Ct. App. 2002).

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Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-02-00038-CV

IN THE MATTER OF

ESTATE OF J. R. HEARD, DECEASED

On Appeal from the 115th Judicial District Court

Upshur County, Texas

Trial Court No. 703-00

Before Morriss, C.J., Grant and Ross, JJ.

Opinion by Justice Grant

O P I N I O N

Appellant, Harry R. Heard, filed a Notice of Appeal from a judgment in a probate proceeding. The record was due to be filed April 15, 2002. The reporter's record was not filed timely, and when we contacted counsel and the court reporter, we discovered that appellant neither requested nor paid for preparation of the record.

On July 29, 2002, we contacted counsel by letter. We warned counsel that the record was over ninety days past due and that if we did not receive information within ten days to show that the appellant was making a positive effort to pursue his appeal, it would be subject to dismissal for want of prosecution. Tex. R. App. P. 42.3. Fifteen days have now elapsed since the date of our letter without any indication that Heard wishes to pursue the appeal with effect. Further, appellant's counsel has contacted this court by telephone and informed us that his client has failed to provide funds for the preparation of the record.

The appeal is dismissed for want of prosecution.

Ben Z. Grant

Justice

Date Submitted: August 14, 2002

Date Decided: August 15, 2002

Do Not Publish

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In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-02-00038-CV

IN THE MATTER OF

ESTATE OF J. R. HEARD, DECEASED

On Appeal from the 115th Judicial District Court

Upshur County, Texas

Trial Court No. 703-00

Before Morriss, C.J., Grant and Ross, JJ.

Opinion by Justice Grant

O P I N I O N

Appellant, Harry R. Heard, filed a Notice of Appeal from a judgment in a probate proceeding. The record was due to be filed April 15, 2002. The reporter's record was not filed timely, and when we contacted counsel and the court reporter, we discovered that appellant neither requested nor paid for preparation of the record.

On July 29, 2002, we contacted counsel by letter. We warned counsel that the record was over ninety days past due and that if we did not receive information within ten days to show that the appellant was making a positive effort to pursue his appeal, it would be subject to dismissal for want of prosecution. Tex. R. App. P. 42.3. Fifteen days have now elapsed since the date of our letter without any indication that Heard wishes to pursue the appeal with effect. Further, appellant's counsel has contacted this court by telephone and informed us that his client has failed to provide funds for the preparation of the record.

The appeal is dismissed for want of prosecution.

Ben Z. Grant

Justice

Date Submitted: August 14, 2002

Date Decided: August 15, 2002

Do Not Publish

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