Lloyd Monson v. Coupland State Bank--Appeal from 26th District Court of Williamson County
Annotate this CaseAT AUSTIN
NO. 3-94-271-CV
LLOYD MONSON,
APPELLANT
vs.
COUPLAND STATE BANK,
APPELLEE
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT
NO. 92-042-C26, HONORABLE WILLIAM S. LOTT, JUDGE PRESIDING
PER CURIAM
Appellant Lloyd Monson failed to deposit with the Clerk of this Court the sum of $50 as costs when he tendered the transcript to the Clerk for filing. Tex. R. App. P. 13(a). In letters dated June 8 and 29, 1994, the Clerk notified appellant that the appeal was subject to dismissal for failure to pay the deposit for costs. Tex. R. App. P. 13(i). In a letter dated July 11, 1994, appellant informed this Court that the parties had reached a settlement agreement, the appeal was no longer necessary, and that appellant expected the appeal to be dismissed pursuant to the Clerk's June 29 letter. In a letter dated July 14, 1994, the Clerk requested appellant to inform the Court whether appellant desired the appeal dismissed (1) pursuant to the settlement agreement, in which case he should tender a motion so stating or (2) because appellant refused to pay the deposit for costs. Compare Tex. R. App. P. 59(a)(1)(A) with Tex. R. App. P. 13(i). Appellant failed to respond timely to the Clerk's July 14 letter. Accordingly, the appeal is dismissed for failure to pay the deposit for costs. Tex. R. App. P. 13(i).
Before Justices Powers, Aboussie and Jones
Appeal Dismissed
Filed: August 17, 1994
Do Not Publish
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