Opinion
No. 10-12-00369-CV
12-06-2012
EUGENIA BARTLEY-WINN, Appellant v. PETROMAX LEON, LLC, Appellee
From the 87th District Court
Leon County, Texas
Trial Court No. 0-12-123
MEMORANDUM OPINION
On October 3, 2012, appellants, Jessie Bartley, Phil Bartley, and other descendants of Eugenia Bartley-Winn, filed their notice of appeal, challenging a judgment signed by the trial court on July 2, 2012. In their notice of appeal, appellants indicated that they filed a motion for new trial, which was denied by the trial court on September 24, 2012. Pursuant to Texas Rule of Appellate Procedure 35.1(a), the Clerk's Record was due to be filed in this Court by October 30, 2012. See TEX. R. APP. P. 35.1(a) (providing that the Clerk's Record is due within 120 days after the judgment is signed if, among other things, a motion for new trial is timely filed). The Leon County District Clerk, Diane Oden Davis, notified this Court, on October 30, 2012, that appellants' attorney "has not filed a designation of items to be included in the Clerk's Record, nor has payment been received for the Clerk's Record."
Subsequently, on October 31, 2012, this Court informed appellants that the Clerk's Record was past due and that appellants must pay or make arrangements to pay the clerk's fee within twenty-one days of the date of the letter. We also warned appellants that their appeal would be dismissed for want of prosecution if such arrangements to pay are not made. See id. at R. 37.3(b).
More than twenty-one days have passed, and appellants have not made arrangements to pay the clerk's fee for preparation of the Clerk's Record and have not notified the Court of the actions taken. Accordingly, this appeal is dismissed. See id.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed
[CV06]