John Gray v. Greg N. Russell--Appeal from 212th District Court of Galveston County

IN THE

TENTH COURT OF APPEALS

No. 10-01-247-CV

JOHN GRAY,

Appellant

v.

GREG N. RUSSELL,

Appellee

From the 212th District Court

Galveston County, Texas

Trial Court # 00CV0972

MEMORANDUM OPINION

John Gray filed a pro se notice of appeal with the district clerk on July 6, 2001. He filed a motion to proceed without advance payment of costs with the Clerk of the Fourteenth Court of Appeals on July 31. Nine days later, the Fourteenth Court denied Gray s motion because it was not filed in compliance with Rule of Appellate Procedure 20.1(c)(1). See Tex. R. App. P. 20.1(c)(1); Ford v. Whitehead, 2 S.W.3d 304, 306 (Tex. App. San Antonio 1999, no pet.); Holt v. F.F. Enters., 990 S.W.2d 756, 759 (Tex. App. Amarillo 1998, pet. denied). On the same date, the court advised the parties in a separate letter that the record was due on October 30. The Fourteenth Court transferred Gray s appeal to this Court on August 17 pursuant to a docket-equalization transfer order issued by the Supreme Court.

To date, no record has been filed. Appellate Rule 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 November 8, 2001, we notified Gray 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. Gray 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 January 16, 2002

Do not publish

[CV06]