R. Gene Autry and Peggy Autry v. Sinesio Garduno and Eva L. Garduno

Court of Appeals of Texas

R. Gene Autry and Peggy Autry v. Sinesio Garduno and Eva L. Garduno

DecidedDecember 21, 2023

Docket10-23-00253-CV

StatusPublished

This text of R. Gene Autry and Peggy Autry v. Sinesio Garduno and Eva L. Garduno (R. Gene Autry and Peggy Autry v. Sinesio Garduno and Eva L. Garduno) 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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R. Gene Autry and Peggy Autry v. Sinesio Garduno and Eva L. Garduno, (Tex. Ct. App. 2023).

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Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00253-CV

R. GENE AUTRY AND PEGGY AUTRY, Appellants v.

SINESIO GARDUNO AND EVA L. GARDUNO, Appellees

From the 40th District Court Ellis County, Texas Trial Court No. 106,925

MEMORANDUM OPINION

On September 20, 2023, and again on November 13, 2023, the Clerk of this Court

notified Appellants R. Gene Autry and Peggy Autry that we have not received the

docketing statement and that this appeal would be dismissed if the docketing statement

was not filed within twenty-one days of the date of the letter. To date, we have not received the docketing statement from Appellants. 1 Accordingly, the appeal is

dismissed. See TEX. R. APP. P. 42.3(c).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed December 21, 2023 [CV06]

1 On October 10, 2023, we did receive a pro se letter from R. Gene Autry, dated October 3, 2023, in

which he states that he “will do my best to summarize the facts as they have happened.” The letter does not contain proper proof of service; however, to expedite this matter, we implement Rule of Appellate Procedure 2 to suspend Rule of Appellate Procedure 9.5’s proof-of-service requirement for the letter. See TEX. R. APP. P. 2, 9.5. The letter has been posted to the Court’s website so that the parties may have access to it. No response was received from Appellants following the Clerk of the Court’s November 13, 2023 notification letter regarding the overdue docketing statement.

Autry v. Garduno Page 2

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IN THE TENTH COURT OF APPEALS

No. 10-23-00253-CV

R. GENE AUTRY AND PEGGY AUTRY, Appellants v.

SINESIO GARDUNO AND EVA L. GARDUNO, Appellees

From the 40th District Court Ellis County, Texas Trial Court No. 106,925

MEMORANDUM OPINION

On September 20, 2023, and again on November 13, 2023, the Clerk of this Court

notified Appellants R. Gene Autry and Peggy Autry that we have not received the

docketing statement and that this appeal would be dismissed if the docketing statement

was not filed within twenty-one days of the date of the letter. To date, we have not received the docketing statement from Appellants. 1 Accordingly, the appeal is

dismissed. See TEX. R. APP. P. 42.3(c).

MATT JOHNSON Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Dismissed Opinion delivered and filed December 21, 2023 [CV06]

1 On October 10, 2023, we did receive a pro se letter from R. Gene Autry, dated October 3, 2023, in

which he states that he “will do my best to summarize the facts as they have happened.” The letter does not contain proper proof of service; however, to expedite this matter, we implement Rule of Appellate Procedure 2 to suspend Rule of Appellate Procedure 9.5’s proof-of-service requirement for the letter. See TEX. R. APP. P. 2, 9.5. The letter has been posted to the Court’s website so that the parties may have access to it. No response was received from Appellants following the Clerk of the Court’s November 13, 2023 notification letter regarding the overdue docketing statement.

Autry v. Garduno Page 2

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R. Gene Autry and Peggy Autry v. Sinesio Garduno and Eva L. Garduno, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-gene-autry-and-peggy-autry-v-sinesio-garduno-and-eva-l-garduno-texapp-2023.