Alex Melvin Wade, Jr. v. Fox Television Stations, Incorporated, et al--Appeal from 152nd District Court of Harris County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00018-CV
______________________________
ALEX MELVIN WADE, JR., Appellant
V.
FOX TELEVISION STATIONS, INCORPORATED, ET AL., Appellees
On Appeal from the 152nd Judicial District Court
Harris County, Texas
Trial Court No. 2002-28403
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION

Alex Melvin Wade, Jr., has filed an appeal from a summary judgment which his notice of appeal states was granted on November 14, 2002. Our records do not indicate that any post-trial motions were filed; thus, the record was due before January 13, 2003. Our records reflect that no reporter's record was made and that the district clerk has declined to begin preparation of a clerk's record because Wade, who is not indigent, has not paid, or made arrangements to pay, for its preparation. See Tex. R. App. P. 35.3(a)(2), 37.3(b).

On January 29, 2002, we wrote to Wade, warning him that, if he did not provide this Court with an adequate explanation for the delay and show he was making a positive effort to pursue his appeal, it would be dismissed. Wade responded, informing us he had mailed a draft for $1,200.00 to the district clerk's office in Harris County to pay for the preparation of the record. Our clerk's office contacted the district clerk, who informed us they have received no money from Wade. We again wrote to Wade, warning him that, if he did not, before March 3, 2003, provide this Court appropriate documentation that he was making a reasonable effort to obtain the record, his appeal would be subject to dismissal for want of prosecution.

In response, Wade again contacted this Court, asking us to use the appendices attached to his brief as the record for the appeal and stating that the United States Postal Service has not responded to his efforts to obtain information about the final disposition of his money draft (which he states he sent by certified mail).

We cannot use appendices in place of a clerk's record. In the absence of a record, this Court has nothing to review. Therefore, we cannot consider such a case on its merits. Another ten days have now elapsed since the final due date set by this Court in our last letter. No clerk's record has been filed, and the information provided to this Court does not show that Wade has either paid, nor made arrangements to pay, the clerk's fee for preparing the record. See Tex. R. App. P. 37.3(b).

We dismiss the appeal for want of prosecution.

 

Josh R. Morriss, III

Chief Justice

 

Date Submitted: March 21, 2003

Date Decided: March 24, 2003