Nance & Duncan, P.L.L.C., Joseph F. Duncan, and Glynn D. Nance v. Cox Newspapers, L.P. D/B/A Austin American-Statesman ( 2004 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-03-00635-CV
Nance & Duncan, P.L.L.C., Joseph F. Duncan, and Glynn D. Nance, Appellants
v.
Cox Newspapers, L.P. d/b/a Austin American-Statesman, Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
NO. 270452, HONORABLE ORLINDA L. NARANJO, JUDGE PRESIDING
MEMORANDUM OPINION
Because appellants Nance & Duncan, P.L.L.C., Joseph F. Duncan, and Glynn D. Nance
have failed to arrange for the timely filing of a clerk=s record and have failed to submit a status report
regarding their appeal, we will dismiss this appeal for want of prosecution. See Tex. R. App. P. 42.3(b),
(c).
The Clerk of this Court filed appellants= notice of appeal on October 17, 2003. On
December 3, 2003, the Clerk of this Court requested a response from the county clerk=s office of Travis
County regarding the status of the clerk=s record. We received no response. By letter dated January 20,
2004, the Clerk of this Court requested from appellants a status report regarding this appeal by January 30
and informed the parties that a failure to timely respond to this request would result in dismissal of the appeal
for want of prosecution. To date, appellants have failed to respond to the request.
Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id.
42.3(b), (c).
__________________________________________
Bea Ann Smith, Justice
Before Justices Kidd, B. A. Smith and Pemberton
Dismissed for Want of Prosecution
Filed: February 20, 2004