Court of Civil Appeals of Texas, 2003

T. Jordan Towing, Inc. D/B/A Advantage Financial Services v. Southtrust Bank, N.A.

T. Jordan Towing, Inc. D/B/A Advantage Financial Services v. Southtrust Bank, N.A.
Court of Civil Appeals of Texas · Decided August 27, 2003

T. Jordan Towing, Inc. D/B/A Advantage Financial Services v. Southtrust Bank, N.A.

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-044-CV

T. JORDAN TOWING, INC., D/B/A APPELLANT

ADVANTAGE FINANCIAL SERVICES

V.

SOUTHTRUST BANK, N.A. APPELLEE

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FROM THE 352 ND DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION (footnote: 1) AND JUDGMENT

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On June 5, 2003, we notified appellant that the trial court clerk responsible for preparing the record in this appeal informed the court that payment arrangements had not been made to pay for the clerk’s record as required by T EX. R. A PP. P. 35.3(a)(2).  We stated we would dismiss the appeal for want of prosecution unless appellant, within fifteen days, made arrangements to pay for the clerk’s record and provided this court with proof of payment.  

Because appellant has not made payment arrangements for the clerk’s record, it is the opinion of the court that the appeal should be dismissed for want of prosecution.  Accordingly, we dismiss the appeal.   See T EX . R. A PP . P. 37.3(b), 42.3(b).

Appellant shall pay all costs of the appeal, for which let execution issue.

PER CURIAM

PANEL D: WALKER, J.; CAYCE, C.J.; and DAY, J.

DELIVERED: August 27, 2003

FOOTNOTES

1:

See Tex. R. App. P. 47.4 .

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