Skip Bowen v. Ed Burlingame ( 2000 )

NUMBER 13-00-465-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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SKIP BOWEN, INDIVIDUALLY AND

CHASE EXPRESS, INC., D/B/A KISER RIDES

, Appellants,

v.

ED BURLINGAME AND BETTY BURLINGAME,

INDIVIDUALLY D/B/A PRIDE OF TEXAS SHOWS

, Appellees.

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On appeal from the 156th District Court of Bee County, Texas.

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O P I N I O N

Before Chief Justice Seerden, and Justices Hinojosa and Chavez

Opinion Per Curiam

Appellants, SKIP BOWEN, INDIVIDUALLY AND CHASE EXPRESS, INC., D/B/A KISER RIDES, perfected an appeal from a judgment entered by the 156th District Court of Bee County, Texas, in cause number B-99-1399-0-CV-B. The clerk's record was due on July 12, 2000. On August 10, 2000, the district clerk notified this Court that the clerk's record had not been filed because appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record. On August 14, 2000, notice was given to appellant, pursuant to Tex. R. App. P. 37.3(b), that, unless this defect was cured, the appeal would be dismissed for want of prosecution. To date, neither the clerk's record nor a response to this Court's notice has been received.

The Court, having examined and fully considered the documents on file, appellant's failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, and appellant's failure to respond to the Court's notice, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 9^th day of November, 2000