Court of Civil Appeals of Texas, 2011

Ricky Davila, Sr. v. Sylvia Davila

Ricky Davila, Sr. v. Sylvia Davila
Court of Civil Appeals of Texas · Decided October 13, 2011

Ricky Davila, Sr. v. Sylvia Davila

Opinion

Opinion filed October 13, 2011

 

                                                                       In The

                                                                             

  Eleventh Court of Appeals

                                                                   __________

 

                                                         No. 11-11-00189-CV

                                                    __________

 

                                   RICKY DAVILA, SR., Appellant

 

                                                             V.

 

                                       SYLVIA DAVILA, Appellee

 

 

                                   On Appeal from the 32nd District Court

 

                                                          Mitchell County, Texas

 

                                                     Trial Court Cause No. 15,893

 

 

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

            This is an appeal from a final decree of divorce signed on June 9, 2010.  Appellant, Ricky Davila, Sr., timely filed a notice of appeal.  However, neither a clerk’s record nor a reporter’s record has been filed, and no filing fee has been paid.  We dismiss the appeal for want of prosecution.

            The clerk of the trial court notified this court that appellant has neither filed a written designation specifying the matters to be included in the clerk’s record nor made arrangements to pay for the clerk’s record. Additionally, the court reporter notified this court that appellant has  not made arrangements to pay for the reporter’s record.  On August 10, 2011, the clerk of this court wrote appellant and requested that he forward proof that he has filed a designation of the clerk’s record and made arrangements to pay for the clerk’s record and reporter’s record by August 19, 2011.  In the letter of August 10, 2011, the clerk also informed appellant that the failure to provide the requested proof by the date indicated could result in the dismissal of this appeal.  Additionally, the clerk’s letter of August 10, 2011, informed appellant that the failure to pay the required filing fee by August 19, 2011, could result in the dismissal of this appeal.  Appellant has not responded to the clerk’s letter of August 10, 2011.

The failure to file the clerk’s record and reporter’s record and to pay the required filing fee appears to be due to appellant’s acts and omissions. Therefore, pursuant to Tex. R. App. P. 37.3(b) and 42.3(b), the appeal is dismissed for want of prosecution.

 

                                                                                                PER CURIAM

 

 

October 13, 2011

Panel consists of:  Wright, C.J.,

McCall, J., and Kalenak, J.

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