Court of Civil Appeals of Texas, 2003

Kimmi Clepper, Individually and as the Surviving Parent of Jarred Lindsley and...

Court of Civil Appeals of Texas · Decided March 27, 2003

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-02-503 CV

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KIMMI CLEPPER, INDIVIDUALLY AND AS SURVIVING PARENT OFJARRED LINDSLEY AND HEATH LINDSLEY, INDIVIDUALLY, Appellant

SITECH ENGINEERING AND RONALD SAIKOWSKI, Appellees

On Appeal from the 284th District Court

Montgomery County, Texas

Trial Cause No. 97-05-01928 CV

MEMORANDUM OPINION⁽¹⁾

On February 6, 2003, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why she needed additional time for filing the record. Appellant did not respond. The appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20. There being no satisfactory explanation for the failure to timely file the record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b). Costs are assessed against appellant.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered March 27, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.

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