Jessica Ann MacKey v. State

NO. 07-07-0200-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

OCTOBER 19, 2007 ______________________________

JESSICA ANN MACKEY, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE _________________________________

FROM THE 121^ST DISTRICT COURT OF TERRY COUNTY;

NO. 5525; HONORABLE KELLY G. MOORE, JUDGE _______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

MEMORANDUM OPINION

Pending before this Court is appellant's motion to dismiss her appeal. Appellant and her attorney both have signed the motion. Tex. R. App. P. 42.2(a). No decision of this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue forthwith.

James T. Campbell

Justice

Do not publish.

EN-US X-NONE X-NONE

                                                            NO. 07-10-0034-CV

                                                   IN THE COURT OF APPEALS

                                       FOR THE SEVENTH DISTRICT OF TEXAS

                                                                 AT AMARILLO

                                                                     PANEL C

                                                                MARCH 9, 2010

                                            ______________________________

                                                          ELMER WHITTAKER,

Appellant

                                                                            V.

                                                       REBECCA WHITTAKER,

Appellee

______________________________

               FROM THE COUNTY COURT AT LAW NO. 3 OF LUBBOCK COUNTY;

                       NO. 2009-549,132; HON. STEPHEN JOHNSON, PRESIDING

                                            ______________________________

                                                      MEMORANDUM OPINION

                                            ______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

Elmer Whittaker perfected this appeal on January 12, 2010.  The appellate record was due on or about February 11, 2010. Both the district clerk and court reporter have filed motions to extend the time to file their records because appellant apparently failed to pay or make arrangements to pay for them, as required by Texas Rules of Appellate Procedure 35.3(a)(1)(2) and 35.3(b)(3). By letter dated February 22, 2010, we directed appellant to certify to this court, by March 4, 2010, that he had complied with rule of procedure 35.3(a)(1)(2). So too was he informed that failure to meet that deadline would result in the dismissal of his appeal.  To date, this court has not received either the clerk=s record, the reporter=s record, or notification that the records have been paid for or that arrangements have been made for payment.  Nor has this court received any request to postpone the dismissal date. Consequently, we dismiss the appeal for want of prosecution. 

Per Curiam