Udo Birnbaum v. The Law Offices of G. David Westfall, PC, G. David Westfall, Christina Westfall and Stefani Podfin--Appeal from 294th District Court of Van Zandt County

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MARY'S OPINION HEADING NO. 12-01-00281-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

UDO BIRNBAUM,

 
APPEAL FROM THE 294TH

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

THE LAW OFFICES OF G. DAVID

WESTFALL, ET AL.,

APPELLEES

 
VAN ZANDT COUNTY, TEXAS
PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b) & (c). The clerk's record was due in this case on November 6, 2001. By way of requests for extensions of time, the deadline was extended to February 4, 2002. Because neither the record nor an extension request had been filed as of this date, this court notified the clerk, on February 12, 2002, that unless the record or an extension request was filed on or before February 22, 2002, the court would set a final deadline for the filing of the record. In response to our letter, the clerk informed this court that Appellant had canceled his request for the clerk's record. On February 26, 2002, this court notified Appellant that in light of his cancellation of his request for the clerk's record, the court would dismiss the appeal pursuant to Tex. R. App. P. 42.3(c) unless a reasonable explanation for the failure to secure the filing the clerk's record was filed on or before March 6, 2002. In his response to our letter, Appellant urges, essentially, that we reconsider our denial of a petition for writ of mandamus Appellant filed in this court on November 7, 2001. (1) We decline to do so.

Because Appellant has cancelled his request for the clerk's record and has failed to provide the court with an adequate explanation for his failure to secure the filing of the clerk's record, this appeal is dismissed. Tex. R. App. P. 42.3(b) & (c).

Opinion delivered March 11, 2002.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.

 
DO NOT PUBLISH

1. 12-01-00324-CV.