Lindig Construction & Trucking, Inc. v. J-M Manufacturing Co., Inc. D/B/A JM Eagle

• Court: Court of Appeals of Texas
• Decided: February 12, 2015
• Docket: 09-14-00371-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00371-CV ____________________

LINDIG CONSTRUCTION & TRUCKING, INC., Appellant

V.

J-M MANUFACTURING CO., INC. D/B/A JM EAGLE, Appellee _______________________________________________________ ______________

On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 12-11-12448 CV ________________________________________________________ _____________

MEMORANDUM OPINION

On December 19, 2014, we notified the parties that the appeal would be

dismissed for want of prosecution unless arrangements were made for filing the

record or the appellant explained why additional time was needed to file the

record. Appellant did not respond to this Court’s notice.

Appellant did not file an affidavit of indigence on appeal and has not shown

that it is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1.

There being no satisfactory explanation for the failure to file the clerk’s record, we

1 dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b); Tex. R.

App. P. 42.3.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Submitted on February 11, 2015 Opinion Delivered February 12, 2015

Before McKeithen, C.J., Horton and Johnson, JJ.