Amber C. Erickson v. Otis Simmons--Appeal from 99th District Court of Lubbock County
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NO. 07-05-0366-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
DECEMBER 14, 2005
______________________________
AMBER C. ERICKSON
Appellant
v.
OTIS SIMMONS
Appellee
_________________________________
FROM THE 99th DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2004-525,408; HON. WILLIAM C. SOWDER, PRESIDING
_______________________________
DISMISSAL
_______________________________
Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.
We vacate our previous order abating this cause.
Pending before the court is the appeal by Amber C. Erickson. The notice of appeal
was filed on October 17, 2005. The clerk’s motion for extension of time to file the record
was granted to December 14, 2005. On December 1, 2005, the clerk of this court
contacted appellant’s counsel by letter informing counsel that the cause would be
dismissed if he did not certify to this court in writing 1) that Texas Rule of Appellate
Procedure 35.3(a)(2) had been complied with and 2) the date of compliance.
The
certification was due on or before December 12, 2005. To date, no reply has been received.
After notice, we may dismiss an appeal because an appellant fails to comply with a
requirement of the rules of appellate procedure. TEX . R. APP . P. 42.3(c). Since appellant
has not complied with Rule 35.3(a)(2) and has not told us why the cause should remain
pending, we dismiss the appeal.
Per Curiam
2
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