J. Michael Leinback, AIA D/B/A JML Architects v. Michael D. Barham Architects, Inc.

• Court: Court of Appeals of Texas
• Decided: November 30, 2007
• Docket: 12-07-00226-CV
• Status: Published

Opinion

PER CURIAM HEADING

                                NO. 12-07-00226-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

J. MICHAEL LEINBACK,

AIA D/B/A JML ARCHITECTS,    §          APPEAL FROM THE 7TH

APPELLANT

V.        §          JUDICIAL DISTRICT COURT OF

MICHAEL D. BARHAM

ARCHITECTS, INC.,           §          SMITH COUNTY, TEXAS

APPELLEE

MEMORANDUM OPINION

PER CURIAM

            This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk’s fee for preparing the clerk’s record.  The trial court’s judgment was signed on May 17, 2007.  After an extension of time, the clerk’s record was due on October 15, 2007.  On October 25, 2007, the trial court clerk filed a motion for extension of time to file the clerk’s record, stating that the reason for the delay in filing was that Appellant had not made a claim of indigence and had failed to either pay or make arrangements to pay for the preparing of the clerk’s record.  On November 1, 2007, this court informed Appellant that, pursuant to rules of appellate procedure 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided on or before November 13, 2007.

            The deadline has now passed, and Appellant has neither provided proof of full payment or otherwise responded to this court’s notice.  Accordingly, the appeal is dismissed.  See Tex. R. App. P. 37.3(b); 42.3(c).     

Opinion delivered November 30, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)