Patrick H. Martin v. Deborah Martin ( 1998 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-9 8 -00 193 -CV Patrick H. Martin , Appellant v. Deborah Martin , Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND JUDICIAL DISTRICT NO. C-90-600AA , HONORABLE JACK ROBISON , JUDGE PRESIDING PER CURIAM Patrick H. Martin filed a notice of appeal April 14, 1998. The clerk's record was due May 12, 1998. On July 16, 1998, after being notified of the late record, the district clerk advised the Clerk of this Court that appellant advised her to refrain from preparing the record because the parties had settled the case. On July 23, 1998, the Clerk of this Court wrote appellant, advising him that if he intended to pursue this appeal, to so advise the Court and make payment arrangements for the clerk's record or the appeal would be dismissed. See Tex. R. App. P. 37.3(b) (if no clerk's record filed due to appellant's fault appeal may be dismissed for want of prosecution). The letter requested a response by August 3, 1998. All parties have received more than ten days notice of the proposed dismissal; we have received no response. See Tex. R. App. P. 42.3. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b). Before Justices Powers, Aboussie and Kidd Appeal Dismissed for Want of Prosecution Filed: September 17, 1998 Do Not Publish