Court of Civil Appeals of Texas, 1999

Greg Woodward v. Christine M. Dolatta

Greg Woodward v. Christine M. Dolatta
Court of Civil Appeals of Texas · Decided February 4, 1999

Greg Woodward v. Christine M. Dolatta

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-98-00559-CV


Greg Woodward, Appellant


v.



Christine M. Dolatta, Appellee






FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT

NO. 12,502, HONORABLE JOE CARROLL, JUDGE PRESIDING


PER CURIAM

Appellant Greg Woodward appeals from the trial court's declaratory judgment. Because appellant has neither made arrangements for payment of the clerk's record, nor has he made arrangements for payment of the reporter's record, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 35.3(a)(2), 35.3(b)(2), 35.3(b)(3).

On August 11, 1998, notice was received from the court reporter that the reporter's record had neither been requested nor had arrangements been made for payment.

The clerk of this Court filed Appellant's Notice of Appeal on October 20, 1998. On November 16, 1998, the Clerk of this Court filed Appellee's motion to dismiss appeal. By letter dated November 17, 1998, the Clerk of the Court notified the district clerk's office of Lampasas County that the clerk's record was overdue. Notice was received from the district clerk's office on November 23, 1998, that the clerk's record had not been paid for, nor had arrangements been made.

By letter dated December 15, 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 grant appellee's motion and the appeal is dismissed for want of prosecution. See id. 35.1.



Before Justices Jones, B. A. Smith and Yeakel

Dismissed for Want of Prosecution on Appellee's Motion

Filed: February 4, 1999

Do Not Publish

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