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Luna v. Starr

Court of Appeals of Texas, Fifth District, Dallas
Sep 19, 2006
No. 05-06-00270-CV (Tex. App. Sep. 19, 2006)

Opinion

No. 05-06-00270-CV

Opinion Filed September 19, 2006.

On Appeal from the County Court at Law No. 2, Dallas County, Texas, Trial Court Cause No. cc-05-16032-b.

Dismiss.

Before Justices WRIGHT, O'NEILL, and LANG-MIERS.


MEMORANDUM OPINION


Appellant filed her notice of appeal February 21, 2006. Although the clerk's record was filed April 21, 2006, appellant did not pay the $125 filing fee and file a docketing statement. In letters dated March 7, 2006, the Court informed appellant that the docketing statement and filing fee were overdue and instructed appellant to file the docketing statement and pay the fee within ten days of the date of the letter. The Court cautioned appellant that her appeal could be dismissed if she failed to comply with the Court's instructions.

The clerk's record was filed April 21, 2006. In an order dated August 3, 2006, the Court noted appellant had not paid for or requested a reporter's record and ordered the appeal submitted without the reporter's record. The Court then ordered appellant to file her appellate brief within thirty days. The Court informed appellant that the failure to file a brief by September 2, 2006 would result in dismissal of her appeal without further notice.

Out of an abundance of caution, the Court reminded appellant, in a letter dated August 24, 2006, that she had not paid her filing fee, filed a docketing statement, or filed her appellate brief. The Court informed appellant she had until September 5, 2006 to do so or the appeal would be dismissed for want of prosecution. See Appendix to the Tex.R.App.P. B(1)(a); Tex.R.App.P. 5 42.3(b). To date, appellant has not responded.

Therefore, we DISMISS this appeal for want of prosecution.


Summaries of

Luna v. Starr

Court of Appeals of Texas, Fifth District, Dallas
Sep 19, 2006
No. 05-06-00270-CV (Tex. App. Sep. 19, 2006)
Case details for

Luna v. Starr

Case Details

Full title:GLORIA LUNA, Appellant, v. JACKIE STARR AND JERRY STARR, Appellees

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 19, 2006

Citations

No. 05-06-00270-CV (Tex. App. Sep. 19, 2006)