Court of Civil Appeals of Texas, 2004

Nancy K. Hebert v. Kroger Food Store 328

Nancy K. Hebert v. Kroger Food Store 328
Court of Civil Appeals of Texas · Decided April 1, 2004

Nancy K. Hebert v. Kroger Food Store 328

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

____________________



NO. 09-03-548 CV

____________________



NANCY K. HEBERT, Appellant



V.



KROGER FOOD STORE # 328, ET AL., Appellees




On Appeal from the 136th District Court

Jefferson County, Texas

Trial Cause No. D-163249




MEMORANDUM OPINION (1)

On February 12, 2004, 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 time for filing the record. Appellant did not respond. The appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20.1. There being no satisfactory explanation for the failure to 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 April 1, 2004

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

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

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