in Re Sue Walston ( 2006 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00421-CV

In re Sue Walston

Original Proceeding

MEMORANDUM  Opinion

          The petition for writ of mandamus is denied.

                                                                   PER CURIAM

Before Justice Vance, and

          Justice Reyna

Petition denied

Opinion delivered and filed February 8, 2006

[OT06]

ly: 'CG Times', serif">MEMORANDUM OPINION

      Kurt Garrison appeals an order granting a plea to the jurisdiction filed by Appellee Texas Department of Public Safety. The court signed the order on April 26, 2002. Garrison timely perfected his appeal on Tuesday, May 28, the day after Memorial Day.

      Because Garrison filed a motion for new trial, the clerk’s record was due on Monday, August 26. The district clerk informed this Court by letter dated July 11 that Garrison had not paid the fee for preparation of the clerk’s record or made arrangements to pay this fee.

      Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk’s fee for preparation of the record, the Court may:

dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

Tex. R. App. P. 37.3(b).

      More than thirty days have passed since the clerk’s record was due. By letter dated September 6, 2002, we notified Garrison of this defect and warned him that his appeal would be dismissed for want of prosecution if he did not make the necessary arrangements for the filing of the clerk’s record. Id. 37.3(b), 42.3, 44.3. Garrison has not responded to our letter. Therefore, this appeal is dismissed for want of prosecution. Id. 37.3(b). Costs are taxed against Garrison.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed October 9, 2002

Do not publish

[CV06]