Leland H. Limbaugh, Jr. v. Maria Limbaugh--Appeal from 66th District Court of Hill County
Annotate this CaseIN THE
TENTH COURT OF APPEALS
No. 10-00-017-CV
LELAND H. LIMBAUGH, JR.,
Appellant
v.
MARIA LIMBAUGH,
Appellee
From the 66th District Court
Hill County, Texas
Trial Court # 36,241
MEMORANDUM OPINION
Leland H. Limbaugh, Jr. appeals from a divorce decree signed by the trial court on December 21, 1999. Limbaugh filed a motion for new trial which extended the filing deadline for the appellate record to April 19, 2000. See Tex. R. App. P. 35.1(a). Although the reporter s record was filed on May 3, no clerk s record has been filed to date. The trial court clerk has advised the Clerk of this Court that Limbaugh has failed to pay or make arrangements to pay the clerk s fee for preparation of the record.
Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk s fee for preparation of the record, the Court may:
dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.
Id. 37.3(b).
More than thirty days have passed since the clerk s record was due. By letter dated May 4, we notified Limbaugh of this defect and warned him that his appeal would be dismissed for want of prosecution if he did not make the necessary arrangements for the filing of the clerk s record. Id. 37.3(b), 42.3, 44.3. Limbaugh has not responded to our letter. Therefore, this appeal is dismissed for want of prosecution. Id. 37.3(b).
PER CURIAM
Before Chief Justice Davis,
Justice Vance, and
Justice Gray
Dismissed for want of prosecution
Opinion delivered and filed May 31, 2000
Do not publish
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