Ralph O. Douglas v. American Title Company

• Court: Court of Appeals of Texas
• Decided: November 19, 2009
• Docket: 01-07-00358-CV
• Status: Published

Opinion

Opinion issued November 19, 2009

In The

Court of Appeals

For The

First District of Texas

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NO. 01–07–00358–CV

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RALPH O. DOUGLAS, Appellant

V.

AMERICAN TITLE COMPANY, Appellee

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On Appeal from the 133rd District Court

Harris County, Texas

Trial Court Cause No. 2004-01400

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MEMORANDUM OPINIONOn September 3, 2009, the District Clerk informed this Court that the reason the clerk’s record has not been filed is because appellant, Ralph O. Douglas, has not submitted a request for documents to be included in it.

          The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed, and the appellate court may enter any order necessary to ensure the timely filing of the appellate record. Tex. R. App. P. 35.3(c). On September 14, 2009, appellant was ordered, within 20 days of the date of the order, to file with the trial court clerk a designation of specific items he deems relevant to the presentation of his appeal, in addition to those enumerated in Texas Rule of Appellate Procedure 34.5(a)(1), (3)-(11). Appellant was also ordered to file a copy of his designation with this Court within 20 days of the date of the order. In the order, appellant was advised that failure to do so could result in the appeal’s dismissal without further notice to him. The 20 days have passed and appellant has not filed with this Court a copy of a designation to the trial court of the items specified in our September 14, 2009 order. Accordingly, we ORDER the appeal dismissed. See Tex. R. App. P. 42.3(c) (authorizing appeal’s dismissal if, after giving ten day’s notice, appellant has failed to comply with a court order). We deny all pending motions.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.