Robert Davis A/K/A Bob Davis and Dan Davis D/B/A Texas Forever Funerals, David Funeral Chapel, Budget Casket Co., Budget Casket-Ft. Worth, Budget Casket-Houston, Budget Casket-Harwood, Budget Casket II, and Budget Casket v. TKG Harwood Development, L.P.

• Court: Court of Appeals of Texas
• Decided: July 30, 2010
• Docket: 08-10-00123-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§ ROBERT DAVIS A/K/A BOB DAVIS AND DAN DAVIS D/B/A § TEXAS FOREVER FUNERALS, No. 08-10-00123-CV DAVID FUNERAL CHAPEL, § BUDGET CASKET CO., Appeal from the BUDGET CASKET-FT. WORTH, § BUDGET CASKET-HOUSTON, County Court at Law No. 2 BUDGET CASKET-HARWOOD, § BUDGET CASKET II, AND of Tarrant County, Texas BUDGET CASKET, § (TC# CC-08-66720-2) Appellants, §

v. §

TKG HARWOOD DEVELOPMENT, § L.P., § Appellee.

MEMORANDUM OPINION

This appeal is before the court on its own motion for determination of whether it should be

dismissed for want of prosecution. Finding that the clerk’s record has not been filed due to the fault

of the Appellant, we dismiss the appeal for want of prosecution.

The clerk’s record was due to be filed on April 15, 2010. The County Clerk has notified the

Court that the Appellants have not made financial arrangements to pay for the clerk’s record. By

letter dated April 15, 2010, we advised Appellants that the appeal would be dismissed pursuant to

TEX .R.APP .P. 37.3 for want of prosecution unless they showed grounds for continuing the appeal

within ten days. Appellants have not responded to the letter and the clerk’s record still has not been

filed. We therefore dismiss the appeal pursuant to Rule 37.3(b). July 30, 2010 ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Rivera, JJ.