Matlock v. Allstate Insurance Co.

Court of Appeals of Texas

Matlock v. Allstate Insurance Co.

729 S.W.2d 960, 1987 Tex. App. LEXIS 7100

CourtCourt of Appeals of Texas

DecidedApril 23, 1987

Docket13-87-009-CV

StatusPublished

Cited by7 cases

This text of 729 S.W.2d 960 (Matlock v. Allstate Insurance Co.) 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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Matlock v. Allstate Insurance Co., 729 S.W.2d 960, 1987 Tex. App. LEXIS 7100 (Tex. Ct. App. 1987).

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Opinion

OPINION

PER CURIAM.

Appellant timely filed an affidavit of inability to pay costs in lieu of a cost bond. Appellant gave notice of the filing of the affidavit to appellee’s attorney but failed to give notice to the court reporter as required by Tex.R.App.P. 40(a)(3)(B). See Matlock v. The Honorable Margarita Garza, District Judge, 725 S.W.2d 527 (Tex.App.—Corpus Christi, 1987, no writ). Because appellant failed to give notice to the court reporter, she is not entitled to prosecute the appeal without paying the costs or giving security therefor. Tex.R. App.P. 40(a)(3)(B). Appellant has failed to post any security for costs.

Having considered the documents on file, and appellant’s failure to perfect the appeal, this Court is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

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OPINION

PER CURIAM.

Appellant timely filed an affidavit of inability to pay costs in lieu of a cost bond. Appellant gave notice of the filing of the affidavit to appellee’s attorney but failed to give notice to the court reporter as required by Tex.R.App.P. 40(a)(3)(B). See Matlock v. The Honorable Margarita Garza, District Judge, 725 S.W.2d 527 (Tex.App.—Corpus Christi, 1987, no writ). Because appellant failed to give notice to the court reporter, she is not entitled to prosecute the appeal without paying the costs or giving security therefor. Tex.R. App.P. 40(a)(3)(B). Appellant has failed to post any security for costs.

Having considered the documents on file, and appellant’s failure to perfect the appeal, this Court is of the opinion that the appeal should be dismissed for want of jurisdiction. The appeal is hereby DISMISSED FOR WANT OF JURISDICTION.

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729 S.W.2d 960, 1987 Tex. App. LEXIS 7100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matlock-v-allstate-insurance-co-texapp-1987.

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