Alfred Lee Stone v. CO VI Breeding ( 2002 )

Alfred Lee Stone v. CO VI Breeding

  IN THE

TENTH COURT OF APPEALS

No. 10-01-210-CV

     ALFRED LEE STONE,

                                                                              Appellant

     v.

     CO VI BREEDING,

                                                                              Appellee

From the 278th District Court

Madison County, Texas

Trial Court # 9499

MEMORANDUM OPINION

      Alfred Lee Stone filed a written notice of appeal with the Madison County District Clerk. After a motion for extension of time to file his brief was granted, Stone’s appellate brief was due to be filed with this Court on November 14, 2001. We received his brief; however, it was not properly served on the opposing party to his appeal. See Tex. R. App. P. 9.5.

      On November 29, 2001, we ordered Stone to provide proof of service within 10 days of the date of the letter. In December, we received a document from Stone requesting that the clerk serve Stone’s brief on the appellee. We informed Stone on January 4, 2002 that it was not the responsibility of the appellate court clerk to serve copies of papers to be filed on the opposing party. We also notified Stone that the request was not properly served because Stone “served” the clerk of this court rather than the appellee. We again ordered Stone to provide proof of service of his brief. Stone had 10 days to comply with this second order. He was advised that his appeal would continue as if no brief had been filed and thus, his appeal would be dismissed for want of prosecution. Tex. R. App. P. 38.8(a)(1). The 10 days have passed.

      While we have received various documents from Stone, none of these documents have been properly served. See Tex. R. App. P. 9.5. Those documents will not be filed or considered. Proof of proper service of Stone’s brief was not among these documents.

      Thus, as was warned, we proceed as if no brief was filed and dismiss the appeal for want of prosecution.

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Appeal dismissed

Opinion delivered and filed January 30, 2002

Do not publish

[CV06]