David Len Moulton v. Carrel Byrum, Dean Byrum and Stephanie Moulton, Individually and as an Heir of the Estate of Rebecca Moulton--Appeal from 5th District Court of Cass County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-06-00076-CV

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DAVID LEN MOULTON, Appellant

V.

CARREL BYRUM, DEAN BYRUM AND STEPHANIE MOULTON, INDIVIDUALLY AND AS AN HEIR OF THE ESTATE

OF REBECCA MOULTON, Appellees

On Appeal from the Fifth Judicial District Court

Cass County, Texas

Trial Court No. 04-C-547

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

David Len Moulton, appellant, filed his notice of appeal July 12, 2006. Moulton has neither filed a docketing statement with this Court, see Tex. R. App. P. 32, nor has he paid a filing fee or made any claim of indigency. There is nothing in the record to indicate Moulton has made efforts to have either the clerk's record or reporter's record filed with this Court, and he has not filed a brief. On August 17, 2006, we contacted Moulton by letter, giving him an opportunity to cure the various defects, and warning him that, if we did not receive an adequate response within ten days, this appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 42.3(b), (c).

We have received no communication from Moulton. Pursuant to Tex. R. App. P. 42.3(b), we dismiss this appeal for want of prosecution.

Josh R. Morriss, III

Chief Justice

Date Submitted: September 18, 2006

Date Decided: September 19, 2006