Melissa R. Young v. Citibank (South Dakota) N.A.

Opinion filed April 28, 2011

In The

Eleventh Court of Appeals

__________ No. 11-11-00043-CV __________ MELISSA R. YOUNG V.

CITIBANK (SOUTH DAKOTA) N.A.

On Appeal from the County Court at Law No. 2 Midland County, Texas Trial Court Cause No. CC15345 MEMORANDUM OPINION

This is an appeal from a final summary judgment. The trial court signed the judgment on January 4, 2011. Appellant, Melissa R. Young, has timely filed a notice of appeal. However, neither a clerk’s record nor the required filing fee has been filed. We dismiss the appeal for want of prosecution.

The clerk of the trial court has 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. On March 9, 2011, the clerk of this court wrote appellant and requested that she forward proof that she has filed a designation of the clerk’s record and made arrangements to pay for the clerk’s record by March 21, 2011. The clerk’s letter of March 9, 2011, additionally informed appellant that the failure to provide the requested proof by the date indicated could result in the dismissal of this appeal. There has been no response to the clerk’s letter of March 9, 2011.

The failure to file the clerk’s record 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 April 28, 2011 Panel1 consists of: Wright, C.J., McCall, J., and Hill, J.2