Timothy Grey v. Citimortgage, Inc.--Appeal from County Court at Law No 4 of Dallas County

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-03-00092-CV
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TIMOTHY GREY, Appellant
V.
CITIMORTGAGE, INC., Appellee
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court No. 03-06439-D
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION

Timothy Grey has filed an appeal from a judgment taken against him by Citimortgage, Inc. The clerk's record in this case was due on August 11, 2003. It has not been filed. On August 27, 2003, we contacted Grey by letter and gave him an opportunity to cure the defect. In that letter, we required Grey to provide this Court with information showing that he was making an effort to pursue his appeal by filing a record and warned him that, if he did not do so on or before September 8, 2003, his appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 42.3.

Grey has not contacted this Court. We find that his failure to pursue his appeal by making any effort to file a record constitutes a failure to prosecute his case. Accordingly, we dismiss his appeal for want of prosecution. See Tex. R. App. P. 42.3(b)(c).

We dismiss the appeal.

 

Jack Carter

Justice

 

Date Submitted: September 30, 2003

Date Decided: October 1, 2003