Lloyd Brown and Angela Brown v. Epifanio Hinojosa--Appeal from 118th District Court of Martin County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

LLOYD AND ANGELA BROWN,

Appellants,

v.

EPIFANIO HINOJOSA,

Appellee.

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No. 08-02-00337-CV

Appeal from the

118th Judicial District Court

of Martin County, Texas

(TC# 5662)

O P I N I O N

This appeal is before the Court on its own motion to dismiss pursuant to Tex. R. App. P. 37.3(b), which states:

(b) If No Clerk=s Record Filed Due to Appellant=s Fault. If the trial court clerk failed to file the clerk=s record because the appellant failed to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record, the appellate court mayBon a party=s motion or its own initiativeBdismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

On September 3, 2002, pursuant to Tex. R. App. P. 37.3(b), this Court=s clerk sent Appellants a notice of the Court=s intent to dismiss if, within ten days of the notice, the Appellants did not respond showing grounds to continue the appeal. Appellants wholly failed to respond.

The Court has considered this cause and concludes the appeal should be dismissed pursuant to Tex. R. App. P. 37.3(b). We therefore dismiss the appeal.

October 17, 2002

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RICHARD BARAJAS, Chief Justice

Before Panel No. 4

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

(Do Not Publish)