Court of Civil Appeals of Texas, 2012

Willie Lavan v. Burlington Northern and Santa Fe Railway Company

Willie Lavan v. Burlington Northern and Santa Fe Railway Company
Court of Civil Appeals of Texas · Decided February 23, 2012

Willie Lavan v. Burlington Northern and Santa Fe Railway Company

Opinion

02-11-405, 407-412, 414-CV


COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

 

 

NO. 02-11-00405-CV

 

 

Willie Lavan

 

APPELLANT

 

V.

 

Burlington Northern and Santa Fe Railway Company

 

APPELLEE

 

AND

 

NO. 02-11-00407-CV

 

 

Leroy Ross

 

APPELLANT

 

V.

 

Burlington Northern and Santa Fe Railway Company

 

APPELLEE

 

AND

 

NO. 02-11-00408-CV

 

 

Floyd Townsend

 

APPELLANT

 

V.

 

Burlington Northern and Santa Fe Railway Company

 

APPELLEE

 

AND

 

NO. 02-11-00409-CV

 

 

Gilbert McNeil

 

APPELLANT

 

V.

 

Burlington Northern and Santa Fe Railway Company

 

APPELLEE

 

AND

 

NO. 02-11-00410-CV

 

 

Charles King

 

APPELLANT

 

V.

 

Burlington Northern and Santa Fe Railway Company

 

APPELLEE

 

AND

 

NO. 02-11-00411-CV

 

 

Thomas Jackson

 

APPELLANT

 

V.

 

Burlington Northern and Santa Fe Railway Company

 

APPELLEE

 

AND

 

NO. 02-11-00412-CV

 

 

Ted Flemings

 

APPELLANT

 

V.

 

Burlington Northern and Santa Fe Railway Company

 

APPELLEE

 

AND

 

NO. 02-11-00414-CV

 

 

Charles Booker

 

APPELLANT

 

V.

 

Burlington Northern and Santa Fe Railway Company

 

APPELLEE

 

 

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FROM THE 96th District Court OF Tarrant COUNTY

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MEMORANDUM OPINION[1] AND JUDGMENT

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On the court=s own motion, the above causes are hereby consolidated in this court.  Each cause shall continue to bear its respective case number.

          On January 13, 2012, we notified appellants that the trial court clerk responsible for preparing the record in the above appeals informed the court that payment arrangements had not been made to pay for the clerk’s record as required by Texas Rule of Appellate Procedure 35.3(a)(2).  See Tex. R. App. P. 35.3(a)(2).  We stated that we would dismiss these appeals for want of prosecution unless appellants made arrangements to pay for the clerk’s record and provided this court with proof of payment.

          Because appellants have not made payment arrangements for the clerk’s record, it is the opinion of the court that these appeals should be dismissed for want of prosecution.  Accordingly, we dismiss these appeals.  See Tex. R. App. P. 37.3(b), 42.3(b).

Appellants shall pay all costs of the appeals, for which let execution issue.

 

PER CURIAM

 

PANEL:  LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

 

DELIVERED:  February 23, 2012



[1]See Tex. R. App. P. 47.4.

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