Enviromint Holdings, Inc. v. Ernest McCombs, Jr., et al.--Appeal from 44th District Court of Dallas County

IN THE

TENTH COURT OF APPEALS

No. 10-94-106-CV

ENVIROMINT HOLDINGS, INC.,

Appellant

v.

ERNEST McCOMBS, JR., ET AL.,

Appellees

From the 44th District Court

Dallas County, Texas

Trial Court # 92-09663-B

MEMORANDUM OPINION

Appellant appealed a modified turnover order signed February 14, 1994. Appellant's appeal was timely perfected by filing a cost bond after a contest of his affidavit of inability to pay was sustained. No motion for a new trial was filed. See Tex. R. App. P. 41(a)(2).

The transcript was filed in the Dallas Court of Appeals on April 15, 1994. The case was thereafter transferred to this court as part of a mass transfer of cases from the Dallas court. No further action has been taken to prosecute this appeal. Neither a statement of facts nor an Appellant's brief has been filed. Thus, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 60, 74(l)(1).

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed October 12, 1994

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