John Edward Beezley v. Sue McClure and Robert L. McClure, Jr.Appeal from 62nd District Court of Hopkins County (memorandum opinion by chief justice iii morriss)
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In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-13-00019-CV JOHN EDWARD BEEZLEY, Appellant V. SUE MCCLURE AND ROBERT L. MCCLURE, JR., Appellee On Appeal from the 62nd District Court Hopkins County, Texas Trial Court No. CV 39,927 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION John Edward Beezley, appellant, filed his notice of appeal March 19, 2013. The clerk s record in this matter was due to be filed with this Court on or before April 19. On April 18, the Hopkins County District Clerk informed this Court that Beezley had neither paid for nor made arrangements to pay for the preparation of the clerk s record. Beezley is not indigent and is, therefore, responsible for payment of the clerk s record. See TEX. R. APP. P. 20.1, 35.3(a)(2), (b)(3), 37.3(b). By letter dated May 20, 2013, and pursuant to Rule 37.3(b) of the Texas Rules of Appellate Procedure, we provided Beezley notice of and an opportunity to cure this defect. Further, we warned Beezley that, if we did not receive an adequate response to our defect letter within ten days, this appeal would be subject to dismissal for want of prosecution. See TEX. R. APP. P. 42.3(b), (c). We have not received the clerk s record and have heard nothing from Beezley. Pursuant to Rule 42.3(b) of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 42.3(b). Josh R. Morriss, III Chief Justice Date Submitted: Date Decided: July 22, 2013 July 23, 2013 2
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