The Fidelity & Casualty Company of New York v. Michael M. (Marion) Kozak, Jr.--Appeal from 82nd District Court of Robertson County

IN THE

TENTH COURT OF APPEALS

No. 10-92-249-CV

THE FIDELITY & CASUALTY

COMPANY OF NEW YORK,

Appellant

v.

MICHAEL M. (MARION) KOZAK, JR.,

Appellee

From the 82nd District Court

Robertson County, Texas

Trial Court # 91-05-14,016-CV

MEMORANDUM OPINION

Appellant perfected this appeal from a judgment signed on June 15, 1992. The transcript was filed on September 28, 1992. Neither a motion for extension of time to file the statement of facts nor a statement of facts has been received.

At the time the transcript was filed, Appellant was requested to send the $50 filing fee within ten days to prevent dismissal. To date, the fee has not been tendered.

In absence of a statement of facts, the Appellant's brief should have been filed within 30 days of the filing of the transcript. Neither a motion for extension of time to file a brief nor a brief has been received.

The appeal is dismissed for failure to tender costs and for want of prosecution. See Tex. R. App. P. 13(i) and 74(l)(1).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Dismissed

Opinion delivered and filed January 6, 1993

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