Leland H. Limbaugh, Jr. v. Maria Limbaugh--Appeal from 66th District Court of Hill County

Annotate this Case
Leland H. Limbaugh, Jr. v. Maria Limbaugh /**/

IN 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Do not publish

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.