Damon Cox v. Angie Simmons--Appeal from County Court of Gray County
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NO. 07-07-0320-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
JANUARY 25, 2008
______________________________
DAMON COX, APPELLANT
V.
ANGIE SIMMONS, APPELLEE
_________________________________
FROM THE COUNTY COURT OF GRAY COUNTY;
NO. 4585; HONORABLE RICHARD D. PEET, JUDGE
_______________________________
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
MEMORANDUM OPINION
Appellant, Damon Cox, filed this appeal from the trial court’s Family Violence
Protective Order prohibiting him from committing specified acts against Appellee, Angie
Simmons. After the appellate record was filed, Cox was notified by letter of December 3,
2007, that his brief, which was due to be filed on November 7, had not been filed. In
response, counsel for Cox filed a letter with this Court advising that a new protective order
hearing was needed and there was no need to proceed with this appeal.
The Clerk of this Court notified counsel on December 14, 2007, to file a Motion to
Dismiss to dispose of the pending appeal.
No response or motion was filed.
On
December 27, 2007, the Clerk of this Court again attempted to contact counsel and left a
message requesting that a motion be filed as soon as possible. To date, no response or
motion has been filed.
Consequently, the appeal is dismissed for want of prosecution and failure to comply
with a notice from the Clerk of this Court. See Tex. R. App. P. 42.3(b) and (c).
Patrick A. Pirtle
Justice
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