Court of Civil Appeals of Texas, 1996

Roberto Duran, Jr. v. James A. Collins

Roberto Duran, Jr. v. James A. Collins
Court of Civil Appeals of Texas · Decided March 6, 1996

Roberto Duran, Jr. v. James A. Collins

Opinion

CV5-458

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-95-00458-CV





Roberto Duran, Jr., Appellant



v.



James A. Collins, Appellee





FROM THE DISTRICT COURT OF TRAVIS COUNTY, 345TH JUDICIAL DISTRICT

NO. 95-04002, HONORABLE MARGARET A. COOPER, JUDGE PRESIDING





PER CURIAM



Appellant Roberto Duran, Jr., tendered a motion for extension of time to file "notice of appeal" in August 1995, complaining of a judgment allegedly signed June 26, 1995. The office of the Clerk of this Court sent Mr. Duran correspondence informing him of his obligation to file a cost bond or equivalent in the trial court, or to amend his "notice of appeal" to a correct perfecting instrument if it had ever been filed in the trial court, and of his obligation to tender a transcript to this Court. Tex. R. App. P. 41(a)(2); 46(f); 50(d); 54. No transcript has ever been tendered to this Court and the time to file a transcript or motion for extension of time to file a transcript has passed. Tex. R. App. P. 54(a), (c). The office of the Clerk of this Court requested that the Travis County District Clerk's office forward a certified copy of the judgment in this cause, if one existed. The judgment was signed on June 26, 1995. Accordingly, we dismiss the appeal for failure to file a transcript. Tex. R. App. P. 54(a).

Appellant's pending motion for extension of time to file notice of appeal is dismissed.



Before Chief Justice Carroll, Justices Aboussie and Kidd

Appeal Dismissed

Filed: March 6, 1996

Do Not Publish

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