Peggy Blakely v. Wells Fargo Bank, N.A. ( 2010 )

IN THE
TENTH COURT OF APPEALS
No. 10-10-00129-CV
PEGGY BLAKELY,
Appellant
v.
WELLS FARGO BANK, N.A.,
Appellee
From the County Court at Law
Ellis County, Texas
Trial Court No. 09-C-3308
MEMORANDUM OPINION
The clerk’s record in this appeal was filed on April 1, 2010. Because no record
was made of the hearing to which this appeal pertains, a brief from Peggy Blakely was
due May 3, 2010. It was not filed.
On April 19, 2010, the Clerk of this Court warned Blakely that the docketing
statement had not been filed. On May 5, Blakely requested a continuance. What
appellant wanted continued was not clear from her motion. Her request was granted,
however, as to both items that were past due on the date the motion was filed.
Blakely’s brief and docketing statement were due 30 days from the date of the order
granting the continuance.
Blakely was also warned that the failure to file the docketing statement or brief,
or to timely and properly seek an extension of time to file either, would result in the
dismissal of this appeal without further notification for failure to comply with the order
or a notice from the Clerk. See TEX. R. APP. P. 42.3(c).
More than 30 days have passed and we have not received a docketing statement
or brief, or a timely and properly sought extension of time to file either. Accordingly,
this appeal is dismissed. Id.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Reyna, and
Justice Davis
Appeal dismissed
Opinion delivered and filed June 30, 2010
[CV06]
Blakely v. Wells Fargo Bank, N.A. Page 2