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...
Opinion
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Do Not Publish
Case-law data current through December 31, 2025. Source: CourtListener bulk data.