Trey Beck, Individually and as of the Estate of Hayden Russell v. Dale Blanton Russell and Loretta Kingsley

Opinion

NO. 12-15-00165-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

TREY BECK, INDIVIDUALLY AND AS § APPEAL FROM THE 217TH EXECUTOR OF THE ESTATE OF HAYDEN RUSSELL, DECEASED

V. § JUDICIAL DISTRICT COURT

DALE BLANTON RUSSELL AND LORETTA KINGSLEY, APPELLEES § ANGELINA COUNTY, TEXAS

MEMORANDUM OPINION PER CURIAM This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk’s fee for preparing the clerk’s record. The trial court’s judgment was signed on May 8, 2015, and Appellant timely filed a notice of appeal. The clerk’s record was due on September 8, 2015. On September 9, 2015, this court notified the trial court clerk that the record had not been filed. The clerk responded on October 7, 2015, by filing a motion for extension of time to file the clerk’s record. In the motion, the clerk stated that the reason for the delay in filing was that Appellant had not made a claim of indigence and had failed to either pay or make arrangements to pay for the preparing of the clerk’s record. On that same date, this court informed Appellant that, pursuant to rules of appellate procedure 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided to this court no later than October 19, 2015. The October 19, 2015 deadline has now passed, and Appellant has neither provided proof of full payment nor otherwise responded to this court’s notice. Accordingly, the appeal is dismissed. See TEX. R. APP. P. 37.3(b), 42.3(c). Opinion delivered October 21, 2015. Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J. (PUBLISH) COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

OCTOBER 21, 2015

TREY BECK, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF HAYDEN RUSSELL, DECEASED Appellant V. DALE BLANTON RUSSELL AND LORETTA KINGSLEY, Appellees

Appeal from the 217th District Court of Angelina County, Texas (Tr.Ct.No. CV-01158-12-02)

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. It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; 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.