Robert Roy Butcher v. Estate of Robert Olin Butcher ( 2003 )

PER CURIAM HEADING NO. 12-03-00078-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROBERT ROY BUTCHER,

§ APPEAL FROM THE

APPELLANT

V.

§ COUNTY COURT AT LAW NO. 3 OF

ESTATE OF ROBERT OLIN BUTCHER,

APPELLEE

§ SMITH COUNTY, TEXAS

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MEMORANDUM OPINION PER CURIAM

This appeal is being dismissed because Appellant Robert Roy Butcher ("Butcher") has failed, after notice, to pay or make arrangements to pay the trial court clerk's fee for preparing the clerk's record. The judgment was signed on October 17, 2002, and Butcher filed a notice of appeal on November 7, 2002. The clerk's record, after an extension of the filing deadline, was due on March 17, 2003. On March 21, 2003, the clerk notified this court by letter that the reason for the delay in filing was that Butcher failed to either pay or make arrangements to pay for the preparing of the clerk's record. Furthermore, the materials filed by Butcher in this court indicate that he is not indigent. On March 17, 2003, this court informed Butcher that, pursuant to rules of appellate procedure 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided on or before April 11, 2003.

As of April 16, 2003, Appellant has not provided the required proof of payment. Accordingly, this appeal is dismissed. Tex. R. App. P. 37.3(b), 42.3(c).

Opinion delivered April 16, 2003.

Panel consisted of Worthen, C.J. and Griffith, J.

(PUBLISH)