Jorge Garcia v. Centoco Manufacturing Corporation

• Court: Court of Appeals of Texas
• Decided: June 30, 2005
• Docket: 13-05-00298-CV
• Status: Published

Opinion

                                           NUMBER 13-05-298-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

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JORGE GARCIA,                                                                              Appellant,

                                                             v.

CENTOCO MANUFACTURING CORPORATION,                            Appellee.

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                             On appeal from the 197th District Court

                                       of Cameron County, Texas.

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                               MEMORANDUM OPINION

                     Before Justices Hinojosa, Rodriguez, and Garza

                                 Memorandum Opinion Per Curiam

Appellant, JORGE GARCIA, perfected an appeal from a judgment entered by the 197th District Court of Cameron County, Texas, in cause number 2004-10-5251-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 May 18, 2005, 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

Memorandum Opinion delivered and filed

this the 30th day of June, 2005.