Smith, Leletia v. Toyota Motor Sales, U.S.A., Inc., D/B/A Lexus

• Court: Court of Appeals of Texas
• Decided: May 18, 2000
• Docket: 13-00-00152-CV
• Status: Published

Opinion

NUMBER 13-00-152-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

____________________________________________________________________

LELETIA SMITH

, Appellant,

v.

TOYOTA MOTOR SALES, U.S.A., INC.,

D/B/A LEXUS, ET AL.

, Appellees.

____________________________________________________________________

On appeal from the 377th District Court of Victoria County, Texas.

____________________________________________________________________

O P I N I O N

Before Justices Hinojosa, Yañez, and Chavez

Opinion Per Curiam

Appellant, LELETIA SMITH, perfected an appeal from a judgment entered by the 377th District Court of Victoria County, Texas, in cause number 96-8-49,572-D. On April 19, 2000, the District Clerk notified this Court that the clerk's record had not been filed because appellant had not paid or made arrangements for payment of the clerk's fee for preparation of the clerk's record. On April 26, 2000, in accordance with Tex. R. App. P. 37.3(b), notice was given to appellant that this appeal was subject to dismissal. Appellant was advised that, unless this defect was corrected within ten days from the date of receipt of this Court's notice, this appeal would be dismissed for want of prosecution. To date, no response has been received.

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

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 18^th day of May, 2000