lufkin-industries-inc-v-michael-joseph-falcon-terrence-baker-guardian ( 2007 )

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

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No. 06-07-00070-CV ______________________________



LUFKIN INDUSTRIES, INC., Appellant

V.

MICHAEL JOSEPH FALCON, TERRENCE BAKER,

GUARDIAN OF THE PERSON AND ESTATE OF

KELLEIGH TERRAN FALCON, AND AS NEXT FRIEND FOR

KIERRA FALCON AND KELESE FALCON, MINOR CHILDREN, Appellees

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On Appeal from the County Court at Law Panola County, Texas Trial Court No. 2004-320

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Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Lufkin Industries, Inc., the sole appellant in this case, has filed a motion seeking to dismiss its appeal. Pursuant to Rule 42.1 of the Texas Rules of Appellate Procedure, the motion is granted. Tex. R. App. P. 42.1.

We dismiss the appeal.

Bailey C. Moseley

Justice

Date Submitted: June 25, 2007

Date Decided: June 26, 2007

yle="font-family: 'Times New Roman', serif">V.

TDCJ-ID, ET AL., Appellees

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On Appeal from the 12th Judicial District Court

Walker County, Texas

Trial Court No. 22760

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

            In this appeal transferred from the Fourteenth District Court of Appeals, the clerk's record was due to be filed with this Court before January 18, 2005. J. B. Stell Gaines, Sr., is an inmate in the Texas Department of Criminal Justice—Institutional Division and has filed a pro se appeal from the dismissal of his lawsuit against the Texas Department of Criminal Justice. To date, no portion of the record has been filed.

            Gaines has not been declared indigent by the trial court and is thus responsible for paying or making adequate arrangements to pay the clerk's fees for preparing the record. See Tex. R. App. P. 37.3(b). On January 21, 2005, we sent Gaines a letter informing him the record was past due and the clerk's fees had not been paid. In that letter, we informed Gaines that he needed to make arrangements to have the record filed immediately. On February 17, 2005, we informed Gaines by letter that, if he did not make adequate arrangements to pay the clerk's fees, we would dismiss the appeal for want of prosecution. While Gaines did respond to both of our letters, he has not made arrangements for the payment of the clerk's fees. Gaines has alleged to this Court he has filed a request to proceed in forma pauperis, but the District Clerk of Walker County has informed this Court otherwise. The district clerk has informed us that no request for a finding of indigence has been filed and that Gaines has made no arrangements to secure payment of the clerk's fees. The district clerk has also informed us that the district clerk's office is not willing to prepare the clerk's record in the absence of any arrangements to pay the clerk's fees. Currently, no record has been filed with this Court.

            We dismiss the appeal for want of prosecution.

                                                                        Jack Carter

                                                                        Justice

Date Submitted:          March 2, 2005

Date Decided:             March 3, 2005