Virgie Copeland and Lee Copeland v. Accord Medical Management, Inc. and The Nix Health Care System--Appeal from 288th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00580-CV
Virgie COPELAND and Lee Copeland,
Appellants
v.
ACCORD MEDICAL MANAGEMENT, INC. and The Nix Health Care System,
Appellees

From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2001-CI-03916
Honorable Janet P. Littlejohn, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: September 22, 2004

DISMISSED

On April 13, 2004, Virgie and Lee Copeland filed a notice of appeal from the trial court's judgment signed March 15, 2004. The record was due May 14, 2004, sixty days after the judgment was signed. See Tex. R. App. P. 35.1. The record was not filed; however, on August 12, 2004, the trial court clerk filed a notification of late record stating the clerk's record was not filed because appellant has not paid or made arrangements to pay the clerk's fee to prepare the record and appellant is not entitled to appeal without paying the fee. (1)

On August 20, 2004, we ordered appellants to provide written proof to this court on or before August 29, 2004, that either (1) the clerk's fee has been paid or arrangements had been made to pay the clerk's fee; or (2) they are entitled to appeal without paying the clerk's fee. We cautioned appellants that if they failed to respond within the time provided, the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Appellants have not filed a response.

We therefore dismiss this appeal for want of prosecution. Appellees, Accord Medical Management, Inc. and The Nix Health Care System, shall recover their costs of this appeal from Virgie Copeland and Lee Copeland.

PER CURIAM

1. Appellants did not file a copy of the notice of appeal in this court as required by the Texas Rules of Appellate Procedure. See Tex. R. App. P. 25.1(e). Thus the court was unaware of the appeal until the clerk filed her notification of late record.