Jerry Lewis Dedrick v. Gary Painter, Sheriff of Midland County, Texas and Mark Dettman--Appeal from 142nd District Court of Midland County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JERRY LEWIS DEDRICK,

Appellant,

v.

GARY PAINTER, SHERIFF OF MIDLAND COUNTY, TEXAS, AND MARK DETTMAN,

Appellees.

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No. 08-02-00246-CV

Appeal from the

142nd Judicial District Court

of Midland County, Texas

(TC# CV-40,264)

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 August 26, 2002, pursuant to Tex. R. App. P. 37.3(b), this Court=s clerk sent Appellant a notice of the Court=s intent to dismiss if, within ten days of the notice, the Appellant did not respond showing grounds to continue the appeal. The District Clerk notified this Court via fax dated September 12, 2002, that no arrangements had been made. Appellant wholly failed to respond.

The Court has considered this cause and concludes that 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(Do Not Publish)