Lufkin Industries, Inc. v. Michael Joseph Falcon, Terrence Baker, Guardian of the Person and Estate of Kelleigh Terran Falcon, and as Next Friend of Kierra Falcon and Kelese Falcon, Minor Children
This text of Lufkin Industries, Inc. v. Michael Joseph Falcon, Terrence Baker, Guardian of the Person and Estate of Kelleigh Terran Falcon, and as Next Friend of Kierra Falcon and Kelese Falcon, Minor Children (Lufkin Industries, Inc. v. Michael Joseph Falcon, Terrence Baker, Guardian of the Person and Estate of Kelleigh Terran Falcon, and as Next Friend of Kierra Falcon and Kelese Falcon, Minor Children) 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.
Opinion
GUARDIAN OF THE PERSON AND ESTATE OF
KELLEIGH TERRAN FALCON, AND AS NEXT FRIEND FOR
KIERRA FALCON AND KELESE FALCON, MINOR CHILDREN, Appellees
Lufkin Industries, Inc., the sole appellant in this case, has filed a motion seeking to dismiss its appeal. Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, the motion is granted. Tex. R. App. P. 42.1.
We dismiss the appeal.
Bailey C. Moseley
Justice
Date Submitted: June 25, 2007
Date Decided: June 26, 2007
yle="font-family: 'Times New Roman', serif">V.
TDCJ-ID, ET AL., Appellees
On Appeal from the 12th Judicial District Court
Walker County, Texas
Trial Court No. 22760
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
In this appeal transferred from the Fourteenth District Court of Appeals, the clerk's record was due to be filed with this Court before January 18, 2005. J. B. Stell Gaines, Sr., is an inmate in the Texas Department of Criminal Justice—Institutional Division and has filed a pro se appeal from the dismissal of his lawsuit against the Texas Department of Criminal Justice. To date, no portion of the record has been filed.
Gaines has not been declared indigent by the trial court and is thus responsible for paying or making adequate arrangements to pay the clerk's fees for preparing the record. See Tex. R. App. P. 37.3(b). On January 21, 2005, we sent Gaines a letter informing him the record was past due and the clerk's fees had not been paid. In that letter, we informed Gaines that he needed to make arrangements to have the record filed immediately. On February 17, 2005, we informed Gaines by letter that, if he did not make adequate arrangements to pay the clerk's fees, we would dismiss the appeal for want of prosecution. While Gaines did respond to both of our letters, he has not made arrangements for the payment of the clerk's fees. Gaines has alleged to this Court he has filed a request to proceed in forma pauperis, but the District Clerk of Walker County has informed this Court otherwise. The district clerk has informed us that no request for a finding of indigence has been filed and that Gaines has made no arrangements to secure payment of the clerk's fees. The district clerk has also informed us that the district clerk's office is not willing to prepare the clerk's record in the absence of any arrangements to pay the clerk's fees. Currently, no record has been filed with this Court.
We dismiss the appeal for want of prosecution.
Jack Carter
Date Submitted: March 2, 2005
Date Decided: March 3, 2005
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Lufkin Industries, Inc. v. Michael Joseph Falcon, Terrence Baker, Guardian of the Person and Estate of Kelleigh Terran Falcon, and as Next Friend of Kierra Falcon and Kelese Falcon, Minor Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lufkin-industries-inc-v-michael-joseph-falcon-terrence-baker-guardian-texapp-2007.