Jerry Kwiatkowski v. Kristi Kwiatkowski

• Court: Court of Appeals of Texas
• Decided: November 1, 2007
• Docket: 14-06-00805-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed November 1, 2007

Dismissed and Memorandum Opinion filed November 1, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00805-CV

JERRY KWIATKOWSKI, Appellant

V.

KRISTI KWIATKOWSKI, Appellee

On Appeal from the County Civil Court at Law No. 1

Harris County, Texas

Trial Court Cause No. 846390

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed June 9, 2006.  The clerk=s record was filed on September 22, 2006.  The reporter's record in this case was due October 9, 2006.  See Tex. R. App. P. 35.1.  The record was not filed due to serious health problems of Alesia Barnes, the former official court reporter for County Civil Court at Law No. 1.

In August, 2007, this court learned that a new official court reporter, Lettie Witter, was appointed.  Ms. Witter advised this court that she would endeavor to complete the record.  On October 2, 2007, the trial court notified this court that a status conference was ordered for September 28, 2007, in response to difficulties in producing the record.  None of the parties or counsel in the case appeared at the conference.  This court has had no correspondence from any of the parties or counsel since December 2006.  Accordingly, it appears to the trial court and this court that the parties no longer desire to continue this appeal.

On October 4, 2007, this Court issued an order stating that unless any party filed a response on or before October 19, 2007, demonstrating grounds for continuing the appeal, the Court would dismiss the appeal for want of prosecution.  See Tex. R. App. P. 42.3(b).  No response was filed.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed November 1, 2007.

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.