Larry Weaver and Angela Weaver v. Luis F. Correa, M.D. and Valley Baptist Medical

Court of Appeals of Texas

Larry Weaver and Angela Weaver v. Luis F. Correa, M.D. and Valley Baptist Medical

DecidedJune 28, 2001

Docket13-01-00236-CV

StatusPublished

This text of Larry Weaver and Angela Weaver v. Luis F. Correa, M.D. and Valley Baptist Medical (Larry Weaver and Angela Weaver v. Luis F. Correa, M.D. and Valley Baptist Medical) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Larry Weaver and Angela Weaver v. Luis F. Correa, M.D. and Valley Baptist Medical, (Tex. Ct. App. 2001).

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Opinion

NUMBER 13-01-236-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

LARRY WEAVER AND ANGELA WEAVER , Appellants,

v.

LUIS F. CORREA, M.D. AND VALLEY BAPTIST MEDICAL, ET AL. , Appellees.

____________________________________________________________________

On appeal from the 138^th District Court

of Cameron County, Texas.

____________________________________________________________________
O P I N I O N

Before Chief Justice Valdez and Justices Hinojosa and Yañez

Opinion Per Curiam

Appellants, LARRY WEAVER AND ANGELA WEAVER , perfected an appeal from a judgment entered by the 138^th District Court of Cameron County, Texas, in cause number 99-12-5347-B . 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 10, 2001 , 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. No response has been received from appellants; however, on June 14, 2001, a certified copy of the trial court's order granting appellants' motion to withdraw notice of appeal was received in this Court. 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 the trial court's order granting appellants' motion to withdraw notice of appeal, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 28^th day of June, 2001.

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NUMBER 13-01-236-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

LARRY WEAVER AND ANGELA WEAVER , Appellants,

v.

LUIS F. CORREA, M.D. AND VALLEY BAPTIST MEDICAL, ET AL. , Appellees.

____________________________________________________________________

On appeal from the 138^th District Court

of Cameron County, Texas.

____________________________________________________________________
O P I N I O N

Before Chief Justice Valdez and Justices Hinojosa and Yañez

Opinion Per Curiam

Appellants, LARRY WEAVER AND ANGELA WEAVER , perfected an appeal from a judgment entered by the 138^th District Court of Cameron County, Texas, in cause number 99-12-5347-B . 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 10, 2001 , 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. No response has been received from appellants; however, on June 14, 2001, a certified copy of the trial court's order granting appellants' motion to withdraw notice of appeal was received in this Court. 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 the trial court's order granting appellants' motion to withdraw notice of appeal, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 28^th day of June, 2001.

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