wellington-viaduct-and-wellington-inc-a-disssolved-corporation ( 2011 )


Menu:
  •                                    ``
    NUMBER 13-11-00339-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    ____________________________________________________________
    WELLINGTON, VIADUCT AND WELLINGTON,
    INC., A DISSSOLVED CORPORATION, ATLANTIC
    SUWANEE RIVER AND GULF RAILROAD
    COMPANY, TRUSTEE, INTERVENOR AND
    ASSIGNOR, A DISSOLVED CORPORATION,                                     Appellants,
    v.
    JOHN S. MCCAMPBELL TRUST, JEAN
    MCCAMPBELL DAVIS TRUST, FOUR FAMILY
    TRUST (COMPASS BANK TRUSTEE),                      Appellees.
    ____________________________________________________________
    On appeal from the 36th District Court
    of San Patricio County, Texas.
    ____________________________________________________________
    MEMORANDUM OPINION
    Before Justices Rodriguez, Vela, and Perkes
    Memorandum Opinion Per Curiam
    Appellants, Wellington, Viaduct and Wellington, Inc., a Dissolved Corporation,
    Atlantic Suwanee River and Gulf Railroad Company, Trustee, Intervenor and Assignor, a
    Dissolved Corporation, filed an appeal from a judgment rendered against them in favor of
    appellees. On August 9, 2011, the Clerk of this Court notified appellants that the clerk's
    record in the above cause was originally due on August 9, 2011, and that the deputy
    district clerk, Ernestina Roblez, had notified this Court that appellants failed to make
    arrangements for payment of the clerk's record.            The Clerk of this Court notified
    appellants of this defect so that steps could be taken to correct the defect, if it could be
    done. See TEX. R. APP. P. 37.3, 42.3(b),(c).       Appellants were advised that, if the defect
    was not corrected within ten days from the date of receipt of this notice, the appeal would
    be dismissed for want of prosecution. The notice was sent to appellants’ address by
    certified mail return receipt requested; however, the certified mail was returned as
    unclaimed and unable to forward. Subsequently, the Clerk of the Court sent the notice to
    appellants by regular mail on September 7, 2011.
    On September 7, 2011, the Clerk of the Court notified appellants that they were
    delinquent in remitting a $175.00 filing fee. The Clerk of this Court notified appellants
    that the appeal was subject to dismissal if the filing fee was not paid within ten days from
    the date of receipt of this letter. See 
    id. 42.3(b),(c). Appellants
    have failed to respond to this Court=s notices and have failed to pay the
    filing fee. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.
    See TEX. R. APP. P. 42.3(b), (c).
    PER CURIAM
    Delivered and filed the 13th
    day of October, 2011.
    2
    

Document Info

Docket Number: 13-11-00339-CV

Filed Date: 10/13/2011

Precedential Status: Precedential

Modified Date: 2/1/2016