Court of Civil Appeals of Texas, 2001

Duane A. Aamodt v. State of Texas

Duane A. Aamodt v. State of Texas
Court of Civil Appeals of Texas · Decided March 15, 2001

Duane A. Aamodt v. State of Texas

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-01-00031-CV


Duane A. Aamodt, Appellant


v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT

NO. GV000370, HONORABLE JOHN K. DIETZ, JUDGE PRESIDING


PER CURIAM

Because appellant has failed to arrange for the filing of the record, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 35.1, 42.3(b).

It appears from documents filed in this Court that the judgment from which appellant appeals was signed by the district court on November 16, 2000, and appellant's notice of appeal was filed December 18, 2000. Therefore, it appears the appellate record was due in this Court on January 15, 2001. See id. 35.1. On January 24, 2001, the District Clerk notified this Court that the clerk's record would not be timely filed because appellant had not paid for the record. By letter dated January 31, 2001, the Clerk of this Court notified appellant that the appeal would be dismissed for want of prosecution unless appellant submitted a status report by March 12, 2001. Appellant has not submitted a status report, nor has the clerk's record been filed.



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



Before Justices Kidd, B. A. Smith, and Puryear.

Dismissed for Want of Prosecution

Filed: March 15, 2001

Do Not Publish

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