Sherry Brockway, as Next Friend of John Travis Little v. Aleta Little and Mike Little

Court of Appeals of Texas

Sherry Brockway, as Next Friend of John Travis Little v. Aleta Little and Mike Little

DecidedMarch 21, 2018

Docket12-17-00357-CV

StatusPublished

This text of Sherry Brockway, as Next Friend of John Travis Little v. Aleta Little and Mike Little (Sherry Brockway, as Next Friend of John Travis Little v. Aleta Little and Mike Little) 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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Sherry Brockway, as Next Friend of John Travis Little v. Aleta Little and Mike Little, (Tex. Ct. App. 2018).

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Opinion

NO. 12-17-00357-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SHERRY BROCKWAY, AS NEXT § APPEAL FROM THE 402ND FRIEND OF JOHN TRAVIS LITTLE, APPELLANT § JUDICIAL DISTRICT COURT V.

ALETA LITTLE AND MIKE LITTLE, § WOOD COUNTY, TEXAS APPELLEES

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellant, Sherry Brockway, as next friend of John Travis Little, perfected her appeal on November 13, 2017. On January 10, 2018, this Court notified Appellant that the reporter’s record was due on January 22 and the court reporter requested an extension of time to file the record, citing non-payment of the required preparation fee. The notice further stated that the appeal would be submitted on the clerk’s record alone unless proof of full payment to the reporter was received by this Court no later than January 22. Appellant did not respond to this Court’s notice and, on February 6, the reporter notified this Court that payment arrangements had not been made. Thus, on February 7, this Court ordered that the appeal would be submitted without a reporter’s record. On February 27, the trial court clerk notified this Court that no payment arrangements had been made for the clerk’s record. That same day, we notified Appellant that the clerk’s record was due on or before February 21 and the clerk requested an extension of time to file the record, citing non-payment of the required preparation fee. We further notified Appellant that the appeal would be presented to the Court for dismissal unless proof of full payment to the clerk was provided no later than March 9, 2018. This deadline has now passed and Appellant has not established indigence, paid, or made arrangements to pay, the fee for preparation of the clerk’s record. See TEX. R. APP. P. 20.1, 35.3(a)(2), 37.3(b). Nor has she otherwise responded to this Court’s February 27 notice. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(c). Opinion delivered March 21, 2018. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH)

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MARCH 21, 2018

SHERRY BROCKWAY, AS NEXT FRIEND OF JOHN TRAVIS LITTLE, Appellant V. ALETA LITTLE AND MIKE LITTLE, Appellees

Appeal from the 402nd District Court of Wood County, Texas (Tr.Ct.No. 2015-268)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed for want of prosecution. It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

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NO. 12-17-00357-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

SHERRY BROCKWAY, AS NEXT § APPEAL FROM THE 402ND FRIEND OF JOHN TRAVIS LITTLE, APPELLANT § JUDICIAL DISTRICT COURT V.

ALETA LITTLE AND MIKE LITTLE, § WOOD COUNTY, TEXAS APPELLEES

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed for want of prosecution. See TEX. R. APP. P. 42.3(b). Appellant, Sherry Brockway, as next friend of John Travis Little, perfected her appeal on November 13, 2017. On January 10, 2018, this Court notified Appellant that the reporter’s record was due on January 22 and the court reporter requested an extension of time to file the record, citing non-payment of the required preparation fee. The notice further stated that the appeal would be submitted on the clerk’s record alone unless proof of full payment to the reporter was received by this Court no later than January 22. Appellant did not respond to this Court’s notice and, on February 6, the reporter notified this Court that payment arrangements had not been made. Thus, on February 7, this Court ordered that the appeal would be submitted without a reporter’s record. On February 27, the trial court clerk notified this Court that no payment arrangements had been made for the clerk’s record. That same day, we notified Appellant that the clerk’s record was due on or before February 21 and the clerk requested an extension of time to file the record, citing non-payment of the required preparation fee. We further notified Appellant that the appeal would be presented to the Court for dismissal unless proof of full payment to the clerk was provided no later than March 9, 2018. This deadline has now passed and Appellant has not established indigence, paid, or made arrangements to pay, the fee for preparation of the clerk’s record. See TEX. R. APP. P. 20.1, 35.3(a)(2), 37.3(b). Nor has she otherwise responded to this Court’s February 27 notice. Accordingly, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 42.3(c). Opinion delivered March 21, 2018. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(PUBLISH)

2 COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

MARCH 21, 2018

SHERRY BROCKWAY, AS NEXT FRIEND OF JOHN TRAVIS LITTLE, Appellant V. ALETA LITTLE AND MIKE LITTLE, Appellees

Appeal from the 402nd District Court of Wood County, Texas (Tr.Ct.No. 2015-268)

THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this Court that this appeal should be dismissed for want of prosecution. It is therefore ORDERED, ADJUDGED and DECREED by this Court that the appeal be, and the same is, hereby dismissed for want of prosecution; and that this decision be certified to the court below for observance. By per curiam opinion. Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.

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Sherry Brockway, as Next Friend of John Travis Little v. Aleta Little and Mike Little, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherry-brockway-as-next-friend-of-john-travis-little-v-aleta-little-and-texapp-2018.