Marvin Wade v. Earlene Wade--Appeal from 66th District Court of Hill County

NO. 10-91-066-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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MARVIN WADE,

Appellant

v.

EARLENE WADE,

Appellee

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From 66th Judicial District court

Hill County, Texas

Trial Court # 30543

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MEMORANDUM OPINION

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Marvin Wade appealed from a final decree of divorce signed December 20, 1990. A motion for new trial was filed in the trial court, making the record due in this court on April 16, 1991. See Tex. R. App. P. 54(a). The transcript was filed on April 16. To date, no statement of facts has been filed. Appellant's brief was due on or before May 16. See id. at 74(k). No brief has been filed on Appellant's behalf, nor has Appellant filed a motion for an extension of time for filing his brief. See id. at 54(c).

On May 21, Appellee filed a motion to dismiss for want of prosecution. Appellant filed a response to Appellee's motion on May 31, requesting that additional time be allowed by this court for him to find an attorney willing to handle the appeal. Appellant stated in his response that the appeal had been refused by three law offices. The transcript filed in this case includes a motion filed by Appellant's attorney at trial requesting that he be removed as attorney of record because he and Appellant had been unable to agree on how the case should be handled.

Pursuant to Appellee's motion, the appeal is dismissed for want of prosecution. See id. at 74(l)(1).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings and

Justice Vance

Dismissed

Opinion delivered and filed July 11, 1991

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