Roxanne Wiremann and Angela M. Wiremann v. Baytown Chrysler Jeep, Rock of Texas Automotive, Inc.--Appeal from Co Civil Ct at Law No 3 of Harris County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ROXANNE WIREMANN and ANGELA M. )

WIREMANN, ) No. 08-04-00194-CV

)

Appellants, ) Appeal from the

)

v. ) County Civil Court at Law #3

)

BAYTOWN CHRYSLER JEEP, ROCK OF ) of Harris County, Texas

TEXAS AUTOMOTIVE, INC., )

) (TC# 798505)

Appellee. )

)

MEMORANDUM OPINION

This appeal is before the Court on its own motion to determine whether it should be dismissed 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 may on a party=s motion or its own initiative dismiss 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.

Tex.R.App.P. 37.3(b).

This case was transferred to this Court from the First District Court of Appeals. By letter dated June 29, 2004, that Court informed Appellants that the trial-court clerk had not filed the clerk=s record because Appellants had failed to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record. The Court=s letter informed Appellants that this case may be dismissed for want of prosecution. See Tex.R.App.P. 37.3(b), 42.3(b). On July 20, 2004, pursuant to Tex.R.App.P. 37.3(b), this Court=s clerk sent Appellants notice of the Court=s intent to dismiss this appeal for want of prosecution if no timely clerk=s record or request for additional time was received. Further, the Court requested a response within ten days to show grounds for continuing the appeal. No response has been received as of this date.

We have given notice of our intent to dismiss the appeal, requested a response if a reasonable basis for failure to pay or make arrangements to pay the clerk=s fee for preparing the clerk=s record exists, and have received none. We see no purpose that would be served by declining to dismiss this appeal at this stage of the proceedings. Pursuant to Tex.R.App.P. 37.3(b), we dismiss the appeal for want of prosecution.

September 9, 2004

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.