Richard Edmund Surgent v. Cynthia Surgent

• Court: Court of Appeals of Texas
• Decided: January 26, 2006
• Docket: 13-05-00360-CV
• Status: Published

Opinion

                                           NUMBER 13-05-360-CV

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

RICHARD EDMUND SURGENT,                                                      Appellant,

                                                             v.

CYNTHIA SURGENT,                                                                        Appellee.

                             On appeal from the 130th District Court

                                      of Matagorda County, Texas.

                               MEMORANDUM OPINION

            Before Chief Justice Valdez and Justices Yañez and Garza

                                 Memorandum Opinion Per Curiam

Appellant, RICHARD EDMUND SURGENT, perfected an appeal from a judgment entered by the 130th District Court of Matagorda County, Texas, in cause number 98-J-00222-D.  No clerk=s record has been filed due to appellant=s failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record. 

If the trial court clerk fails to file the clerk=s record because the appellant failed to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs.  Tex. R. App. P. 37.3(b).

On October 20, 2005, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b).  Appellant was given ten days to explain why the cause should not be dismissed.  To date, no response has been received from appellant.

The Court, having examined and fully considered the documents on file, appellant=s failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record,  this Court=s notice, and appellant=s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Memorandum Opinion delivered and filed

this the 26th day of January, 2006.