Terry Huntsberry v. David McCullough, et al--Appeal from 52nd District Court of Coryell County

NO. 10-90-209-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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TERRY HUNTSBERRY,

Appellant

v.

DAVID McCULLOUGH, ET AL,

Appellees

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From 52nd Judicial District Court

Coryell County, Texas

Trial Court #25,215

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O P I N I O N

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This is an attempted appeal from an order of dismissal entered by the 52nd Judicial District Court on August 21, 1990. The transcript, marked "received" in this court on November 29, does not contain a motion for a new trial, thus making the record due October 22. Id. at 5(a), 54(a). On December 3, Appellant filed a motion for out-of-time appeal. He failed to file a timely motion to extend the time to file the transcript. Id. at 54(c).

Appellant's motion for out-of-time appeal is denied because it was not filed within fifteen days of the due date of the record. Id. Based upon Appellant's failure to comply with the Rules of Appellate Procedure, the attempted appeal is dismissed. Id. at 54(a), (c); 60(a)(2).

PER CURIAM

Before Chief Justice Thomas and Justice Vance

(Justice Cummings not participating)

Dismissed

Opinion delivered and filed February 7, 1991

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