Premium Star, Inc. v. U.S. Grain & Feed Ingredients, Inc. and American Rice, Inc.

• Court: Court of Appeals of Texas
• Decided: March 17, 2011
• Docket: 13-11-00040-CV
• Status: Published

Opinion

NUMBER 13-11-00040-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

PREMIUM STAR, INC., APPELLANT,

v.

U. S. GRAIN & FEED INGREDIENTS, INC. AND AMERICAN RICE, INC., APPELLEES. ____________________________________________________________

On Appeal from the County Court at Law No. 2 of Montgomery County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Garza, Benavides, and Vela Memorandum Opinion Per Curiam

Appellant, Premium Star, Inc., perfected an appeal from a judgment rendered

against it in favor of appellees, U.S. Grain & Feed Ingredients, Inc. and American Rice,

Inc. On January 31, 2011, the Clerk of this Court notified appellant that the clerk's record

in the above cause was originally due on January 5, 2011, and that the deputy district clerk, Bobbye Miller, had notified this Court that appellant failed to make arrangements for

payment of the clerk's record. The Clerk of this Court notified appellant of this defect so

that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P.

37.3, 42.3(b),(c). Appellant was advised that, if the defect was not corrected within ten

days from the date of receipt of this notice, the appeal would be dismissed for want of

prosecution.

Appellant has failed to respond to this Court=s notice. Accordingly, the appeal is

DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 42.3(b), (c).

PER CURIAM

Delivered and filed the 17th day of March, 2011.