Edward L. Kennedy v. Southbrook Development Corporation, Wesley C. Anderson, Lacey M. Anderson, Callum R. Cook, Kimberly A. Cook, and Keenon Rayner ( 2019 )

NUMBER 13-17-00394-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
EDWARD L. KENNEDY, Appellant,
v.
SOUTHBROOK DEVELOPMENT
CORPORATION, WESLEY C.
ANDERSON, LACEY M. ANDERSON,
CALLUM R. COOK, KIMBERLY A.
COOK AND KEENON RAYNER, Appellees.
On appeal from the 410th District Court
of Montgomery County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Tijerina
On June 15, 2017, appellant, Edward L. Kennedy, perfected an appeal from a
judgment rendered against him in favor of appellees, Southbrook Development
Corporation, Wesley C. Anderson, Lacey M. Anderson, Callum R. Cook, Kimberly A.
Cook, and Keenon Rayner. 1 On August 6, 2019, the Clerk of this Court notified appellant
that the clerk’s record in the above cause was originally due on July 11, 2019, and that
the deputy district clerk, Leah Timmons, had notified this Court that appellant failed to
make arrangements for payment of the clerk's record. The Clerk of this Court notified
appellant 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). Appellant was 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.
Appellant has failed to respond to this Court’s notice. Accordingly, the appeal is
DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 42.3(b), (c).
JAIME TIJERINA,
Justice
Delivered and filed the
27th day of August, 2019.
1 This case is before this Court on transfer from the Ninth Court of Appeals in Beaumont pursuant
to a docket-equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
2