Opinion

Gerald and Vanessa Kimbrough v. William H. Carter and Melanie Z. Carter

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jan 12, 2012
Status
Published
Cited by
0 cases

The opinion

Opinion issued January 12, 2012.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-10-00576-CV

———————————

Gerald Kimbrough

and vanessa kimbrough , Appellants

V.

william h.

carter and melanie z. carter ,

Appellees

On Appeal from the County Civil Court at Law

No. 2

Harris County, Texas

Trial Court Case No. 921840

MEMORANDUM OPINION

The

appellate record in this case was originally due on October 4, 2010. The record

was not timely filed because appellants failed to make payment arrangements.

Appellants requested additional time to file the appellate record, and this

Court allowed them until April 6, 2011 to file the record. Appellants failed to

file the record by April 6, 2011 or thereafter. On November 22, 2011, the Clerk

of this Court sent appellants a notice that the record was past due and had not

been filed because they had not made payment arrangements. The Clerk allowed

appellants until December 13, 2011 to file a written response establishing that

payment arrangement had been made. The Clerk also invited appellants to file

written explanation if they believed they were exempt from the obligation to

pay for the appellate record. Appellants filed no written response, and the

appellate record still has not been filed in this appeal.

The Clerk informed appellants that

their appeal could be dismissed for want of prosecution without further notice

if appellants failed to comply with the December 13, 2011 deadline. Appellants

have failed to comply. We dismiss this case for want of prosecution. See Tex. R. App. P.

42.3(b) (authorizing involuntary dismissal of civil case for want of prosecution).

All pending motions are dismissed as moot.

PER CURIAM

Panel

consists of Justices Jennings, Sharp, and Brown.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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