Lloyd Monson v. Coupland State Bank ( 1994 )

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN









NO. 3-94-271-CV





LLOYD MONSON,

APPELLANT

vs.





COUPLAND STATE BANK,

APPELLEE

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT

NO. 92-042-C26, HONORABLE WILLIAM S. LOTT, JUDGE PRESIDING

PER CURIAM

Appellant Lloyd Monson failed to deposit with the Clerk of this Court the sum of $50 as costs when he tendered the transcript to the Clerk for filing. Tex. R. App. P. 13(a). In letters dated June 8 and 29, 1994, the Clerk notified appellant that the appeal was subject to dismissal for failure to pay the deposit for costs. Tex. R. App. P. 13(i). In a letter dated July 11, 1994, appellant informed this Court that the parties had reached a settlement agreement, the appeal was no longer necessary, and that appellant expected the appeal to be dismissed pursuant to the Clerk's June 29 letter. In a letter dated July 14, 1994, the Clerk requested appellant to inform the Court whether appellant desired the appeal dismissed (1) pursuant to the settlement agreement, in which case he should tender a motion so stating or (2) because appellant refused to pay the deposit for costs. Compare Tex. R. App. P. 59(a)(1)(A) with Tex. R. App. P. 13(i). Appellant failed to respond timely to the Clerk's July 14 letter. Accordingly, the appeal is dismissed for failure to pay the deposit for costs. Tex. R. App. P. 13(i).

Before Justices Powers, Aboussie and Jones

Appeal Dismissed

Filed: August 17, 1994

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