Marion Thomas West, Individually and d/b/a Royle Container Company v. Brenntag Southwest, Inc., Successor In Interest to Delta Solvents and Chemical Company formerly d/b/a Delta Container--Appeal from County Court at Law of Gregg County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00149-CV

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MARION THOMAS WEST, INDIVIDUALLY AND D/B/A

ROYLE CONTAINER COMPANY, Appellants

V.

BRENNTAG SOUTHWEST, INC., SUCCESSOR IN INTEREST TO

DELTA SOLVENTS AND CHEMICAL COMPANY,

FORMERLY D/B/A DELTA CONTAINER, Appellees

On Appeal from the County Court at Law No. 2

Gregg County, Texas

Trial Court No. 2002-90-CCL2

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

Marion Thomas West, Individually and d/b/a Royle Container Company has filed a purported appeal. He filed a docketing statement with this Court reflecting that a jury had reached a verdict and that he filed his notice of appeal November 7, 2003. He has requested preparation of the clerk's and reporter's records, neither of which has been filed. This is likely because the trial court has signed no judgment in this case.

On April 2, 2004, over five months after West filed his notice of appeal, we recognized no record had been filed and no action apparently taken to obtain it. We then contacted counsel by letter, specifically pointing out that, as of that date, no judgment had been signed from which he could appeal and warning him that, if he did not take sufficient action to show this Court the appeal was proceeding properly, it would be subject to dismissal.

As of this date, no judgment has been signed in this case. Appellate timetables are calculated from the date the judgment is signed. As there is no judgment in existence from which an appeal may be pursued, we dismiss this appeal, without prejudice to an appeal being taken after a judgment is signed.

Josh R. Morriss, III

Chief Justice

Date Submitted: May 10, 2004

Date Decided: May 11, 2004