John Ocie Roberts v. Eleanor Carte and A. C. Carte

Court of Appeals of Texas

John Ocie Roberts v. Eleanor Carte and A. C. Carte

DecidedJuly 19, 2001

Docket13-01-00314-CV

StatusPublished

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John Ocie Roberts v. Eleanor Carte and A. C. Carte, (Tex. Ct. App. 2001).

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Opinion

NUMBER 13-01-314-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

JOHN OCIE ROBERTS , Appellant,

v.

ELEANOR CARTE AND A. C. CARTE , Appellees.

____________________________________________________________________

On appeal from the 197^th District Court

of Cameron County, Texas.

____________________________________________________________________

O P I N I O N

Before Justices Dorsey, Yañez, and Castillo

Opinion Per Curiam

Appellant, JOHN OCIE ROBERTS , perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2000-09-3842-C . No clerk's record has been filed due to appellant's 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 June 6, 2001 , notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b). Appellant was given ten days to explain why the cause should not be dismissed. To date, no response has been received from appellant.

The Court, having examined and fully considered the documents on file, appellant's failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, this Court's notice, and appellant's 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

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 19^th day of July, 2001.

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NUMBER 13-01-314-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

JOHN OCIE ROBERTS , Appellant,

v.

ELEANOR CARTE AND A. C. CARTE , Appellees.

____________________________________________________________________

On appeal from the 197^th District Court

of Cameron County, Texas.

____________________________________________________________________

O P I N I O N

Before Justices Dorsey, Yañez, and Castillo

Opinion Per Curiam

Appellant, JOHN OCIE ROBERTS , perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2000-09-3842-C . No clerk's record has been filed due to appellant's 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 June 6, 2001 , notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b). Appellant was given ten days to explain why the cause should not be dismissed. To date, no response has been received from appellant.

The Court, having examined and fully considered the documents on file, appellant's failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, this Court's notice, and appellant's 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

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 19^th day of July, 2001.

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