Clyde Lavoy Simms v. Amanda Louis Liggins Simms ( 2000 )

NUMBER 13-00-528-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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CLYDE LAVOY SIMMS

, Appellant,

v.

AMANDA LOUIS LIGGINS SIMMS

, Appellee.

____________________________________________________________________

On appeal from the 377th District Court of Victoria County, Texas.

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O P I N I O N

Before Justices Hinojosa, Yañez, and Chavez Opinion Per Curiam

Appellant, CLYDE LAVOY SIMMS, perfected an appeal from a judgment entered by the 377th District Court of Victoria County, Texas, in cause number 00-2-54,464-D. The clerk's record was due on August 22, 2000. On August 21, 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 25, 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Do not publish.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 2^nd day of November, 2000