Douglas Fonteno v. George Thomas Bailey, et al--Appeal from 134th District Court of Dallas County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00093-CV
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DOUGLAS FONTENO, Appellant
V.
GEORGE THOMAS BAILEY, ET AL., Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court No. 01-09284-G
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Douglas Fonteno has filed an appeal. The trial court entered an order finding that he was not indigent, thus requiring him to be responsible for the cost of obtaining a record for appeal. The clerk's record was due on July 16, 2003. It has not been filed, and no request for preparation has been made. Fonteno has thus not taken the necessary steps to obtain and file a clerk's record in this case. See Tex. R. App. P. 34.5, 35.3(a).

On August 12, 2003, we sent a letter to Fonteno warning him that, if he did not cure this defect within ten days of the date of our letter, the appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 42.3(b), (c).

Fonteno has not responded. No record has been filed, and he has not made this Court aware of any effort to have one prepared.

The appeal is dismissed for want of prosecution.

 

Jack Carter

Justice

 

Date Submitted: September 5, 2003

Date Decided: September 8, 2003