Judy Cox Crook F/K/A Judy Cox Swate v. Cheryle R. Johnston, Receiver ( 2006 )

Dismissed and Memorandum Opinion filed June 20, 2006

Dismissed and Memorandum Opinion filed June 20, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-05-00048-CV

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JUDY COX CROOK F/K/A JUDY COX SWATE, Appellant

V.

CHERYLE R. JOHNSTON, RECEIVER, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 88-11010

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment signed September 30, 2004.  The appeal was dismissed for want of prosecution on March 24, 2005, because appellant had not made payment arrangements for the clerk=s record.  The clerk=s record was filed on April 4, 2005.  On April 8, 2005, Appellant filed a motion for rehearing that was granted. The appeal was  reinstated on July 14, 2005.  After the reporter=s record and a supplemental clerk=s record were filed, appellant=s brief was due December 19, 2005.

On December 22, 2006, appellant requested an extension of time to file her brief.  An extension was granted until January 18, 2006.  On January 24, 2006, appellee moved to dismiss the appeal for want of prosecution because no brief had been filed by appellant. On March 9, 2006, the motion was granted and the appeal dismissed.

On April 12, 2006, appellant filed a motion for extension of time to file motion for rehearing, along with a brief.  The motion for extension of time was granted, the motion for rehearing was granted, and appellant=s brief was ordered filed.

On May 23, 2006, appellant was ordered to return the record by June 2, 2006, so appellee could prepare her brief.  On June 5, 2006, appellee filed a motion to dismiss the appeal for want of prosecution because appellant failed to comply with this court=s order of  May 23, 2006, resulting in another delay.  As of this date, the record has not been returned.

Accordingly, appellee=s motion to dismiss is granted.

The appeal is ordered dismissed.

/s/        Justice Hudson

Judgment rendered and Memorandum Opinion filed June 20, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore. (J., Fowler Dissents without an opinion).