Court of Civil Appeals of Texas, 1999

Alta McNees v. McCombs Hendrix GMC Trucks, Ltd. D/B/A McCombs Truck Center and...

Alta McNees v. McCombs Hendrix GMC Trucks, Ltd. D/B/A McCombs Truck Center and...
Court of Civil Appeals of Texas · Decided May 13, 1999

Alta McNees v. McCombs Hendrix GMC Trucks, Ltd. D/B/A McCombs Truck Center and...

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-99-00070-CV


Alta McNees, Appellant


v.



McCombs Hendrix GMC Trucks, Ltd. d/b/a McCombs Truck Center and McCombs
Hendrix GMC Trucks, Ltd. d/b/a Hendrix Fleet Services; McCombs Enterprises/Hendrix

GMC Trucks; and B.J. McCombs, Individually, Appellees






FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT

NO. 96-13764, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING


PER CURIAM

Because Alta McNees has neither paid for nor made arrangements to pay for the clerk's record, we will dismiss this appeal for want of prosecution. See Tex. R. App. P. 35.3(a)(2).

The Clerk of this Court filed appellant's notice of appeal on February 9, 1999. Notice was received from the district clerk's office on February 9, 1999, that the clerk's record had not been paid for, nor had arrangements been made. By letter dated February 25, 1999, the Clerk of this Court notified all parties and the district clerk's office that the clerk's record was overdue. On March 4, 1999, notice was received from the district clerk's office that the clerk's record had not been paid for, nor had arrangements been made. Again, notice was received from the district clerk's office on April 5, 1999, that the clerk's record had not been paid for, nor had arrangements been made.

By letter dated April 19, 1999, appellant's attorney was requested to submit a status report regarding this matter. Thus far, appellant has failed to respond to this request.

Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).





Before Justices Jones, B. A. Smith and Yeakel

Dismissed for Want of Prosecution

Filed: May 13, 1999

Do Not Publish

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