James and Sonya Baker v. Santa Gertrudis Memorial Cemetery D/B/A Santa Gertrudis Memorial Cemetery, Inc.

• Court: Court of Appeals of Texas
• Decided: July 20, 2006
• Docket: 13-06-00066-CV
• Status: Published

Opinion

                                           NUMBER 13-06-066-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

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JAMES AND SONYA BAKER,                                                       Appellants,

                                                             v.

SANTA GERTRUDIS MEMORIAL CEMETERY D/B/A SANTA

GERTRUDIS MEMORIAL CEMETERY, INC., ET AL.,                    Appellees.

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                             On appeal from the 105th District Court

                                        of Kleberg County, Texas.

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                               MEMORANDUM OPINION

        Before Chief Justice Valdez and Justices Rodriguez and Garza

                                 Memorandum Opinion Per Curiam

Appellants, JAMES AND SONYA BAKER, perfected an appeal from a judgment entered by the 105th District Court of Kleberg County, Texas, in cause number 01-698-D.  No clerk=s record has been filed due to appellants= failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record. 

If the trial court clerk fails to file the clerk=s record because the appellant failed to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs.  Tex. R. App. P. 37.3(b).

On May 25, 2006, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b).  Appellants were given ten days to explain why the cause should not be dismissed.  To date, no response has been received from appellants.

The Court, having examined and fully considered the documents on file, appellants= failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record,  this Court=s notice, and appellants= failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 20th day of July, 2006.