Montgomery, Bobby lee v. Hope Cottage Pregnancy and Adoption Center, Et Al--Appeal from 304th District Court of Dallas County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BOBBY LEE MONTGOMERY, )

) No. 08-02-00138-CV

Appellant, )

) Appeal from the

v. )

) 304th District Court

HOPE COTTAGE PREGNANCY AND )

ADOPTION CENTER, ET AL., ) of Dallas County, Texas

)

Appellees. ) (TC# 98-029-W)

)

O P I N I O N

This appeal is before the Court on its own motion, for determination of whether it should be dismissed for want of prosecution. Finding that no clerk=s record or reporter=s record have been filed, we dismiss the appeal.

Tex.R.App.P. 42.3 states:

Under the following circumstances, on any party=s motion--or on its own initiative after giving ten days= notice to all parties--the appellate court may dismiss the appeal or affirm the appealed judgment or order. Dismissal or affirmance may occur if the appeal is subject to dismissal:

(a) for want of jurisdiction;

(b) for want of prosecution; or

(c) because the appellant has failed to comply with a requirement of these rules, a court order, or a notice from the clerk requiring a response or other action within a specified time.

This appeal is from a judgment signed February 18, 2002. Proper notice of appeal was timely filed on February 22, 2002. To date, neither a reporter=s record nor a clerk=s record had been filed with this Court. Our records indicate the Appellant failed to make the necessary financial arrangements with the court clerk and reporter. On July 10, 2002, this Court=s clerk sent the parties a notice of the Court=s intent to dismiss for want of prosecution if by August 9, 2002, no record was filed. No response has been received as of this date. Accordingly, pursuant to Tex.R.App.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution.

September 5, 2002

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.

(Do Not Publish)