Court of Civil Appeals of Texas, 2007

Manuel De La Cruz v. Frontier Motor Company, Inc.

Manuel De La Cruz v. Frontier Motor Company, Inc.
Court of Civil Appeals of Texas · Decided April 26, 2007

Manuel De La Cruz v. Frontier Motor Company, Inc.

Opinion

Opinion filed April 26, 2007

 

 

Opinion filed April 26, 2007

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                   __________

 

                                                          No. 11-07-00063-CV

                                                    __________

 

                                   MANUEL DE LA CRUZ, Appellant

 

                                                             V.

 

                        FRONTIER MOTOR COMPANY, INC., Appellee

 

 

                                         On Appeal from the 104th District Court

 

                                                          Taylor County, Texas

 

                                                 Trial Court Cause No. 23,223-B

 

 

                                             M E M O R A N D U M   O P I N I O N

The trial court signed its judgment on January 3, 2007,  that Manuel De La Cruz take nothing.  De La Cruz filed his notice of appeal on February 2, 2007.  Neither a motion for new trial nor an affidavit of inability to pay costs on appeal was filed. We dismiss the appeal.


The clerk=s record was originally due to be filed in this court on March 5, 2007.  The record was not timely filed, and the clerk of the trial court notified this court in writing that appellant had not made arrangements to pay for the record.  Pursuant to Tex. R. App. P. 37.3(a)(1), (b), the clerk of this court informed the parties in a letter that the due date for the record had been  extended and that appellant should forward proof of payment for the record to this court by April 3, 2007.  There has been no response to our letter of March 19, 2007.

The failure to file the clerk=s record appears to be due to appellant=s actions.  Therefore, the appeal is dismissed for want of prosecution.  Tex. R. App. P. 42.3.

 

PER CURIAM

 

April 26, 2007 

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.

 

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