Tommy Peeler v. Don Braziel, and Mary Castleberry, Trustee, the Castleberry Family Trust
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Opinion
In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________
No. 06-12-00028-CV ______________________________
THE CRAWFORD FAMILY FARM PARTNERSHIP, Appellant
V.
TRANSCANADA KEYSTONE PIPELINE, L.P., Appellee
On Appeal from the County Court at Law Lamar County, Texas Trial Court No. 80810
Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION
On March 8, 2012, this Court denied The Crawford Family Farm Partnership’s (Crawford)
petition for writ of mandamus because the order against which the mandamus was sought, an order
denying a permanent injunction, is, by statute, appealable.
Because Crawford alternatively asked this Court to treat the document as its attempt to
perfect an interlocutory appeal, we filed it on March 8 under this cause number and treated it as a
notice of appeal. We also informed Crawford that due to this being an accelerated, interlocutory
appeal, the record was due ten days from March 8.
When no clerk’s or reporter’s record had been filed by March 26, our clerk’s office
contacted the district clerk and the court reporter. She was informed that no request had been
made for preparation of the record, and no payment had been made for its preparation.
Crawford is not indigent and is therefore responsible for payment of the clerk’s and
reporter’s records. See TEX. R. APP. P. 20.1, 35.3(a)(2), (b)(3).
On March 26, we contacted Crawford by letter, informing it that a response was to be
received on or before April 6, 2012, and warning that if we did not receive an adequate response
within ten days of March 26, this appeal would be subject to dismissal for want of prosecution.
See TEX. R. APP. P. 42.3(b), (c).
2 We have received no communication from Crawford. Pursuant to TEX. R. APP. P. 42.3(b),
we dismiss this appeal for want of prosecution.
Jack Carter Justice
Date Submitted: April 12, 2012 Date Decided: April 13, 2012
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