Lindig Construction & Trucking, Inc. v. J-M Manufacturing Co., Inc. D/B/A JM Eagle Appeal from County Court at Law No 2 of Montgomery County (memorandum opinion )
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-14-00371-CV ____________________ LINDIG CONSTRUCTION & TRUCKING, INC., Appellant V. J-M MANUFACTURING CO., INC. D/B/A JM EAGLE, Appellee _______________________________________________________ ______________ On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 12-11-12448 CV ________________________________________________________ _____________ MEMORANDUM OPINION On December 19, 2014, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why additional time was needed to file the record. Appellant did not respond to this Court’s notice. Appellant did not file an affidavit of indigence on appeal and has not shown that it is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. There being no satisfactory explanation for the failure to file the clerk’s record, we 1 dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b); Tex. R. App. P. 42.3. APPEAL DISMISSED. ________________________________ HOLLIS HORTON Justice Submitted on February 11, 2015 Opinion Delivered February 12, 2015 Before McKeithen, C.J., Horton and Johnson, JJ. 2
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