Rosemary Ei-Ling Lohmann v. George Young Lohmann, Jr.

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                             Memorandum Opinion

Rosemary Ei-Ling Lohmann

Appellant

Vs.                   No.  11-04-00241-CV -- Appeal from Midland County

George Young Lohmann, Jr.

Appellee

Appellant, Rosemary Ei-Ling Lohmann, filed her notice of appeal in this cause on September 23, 2004, from a judgment signed by the trial court on September 16, 2004.  This court advised appellant in a letter dated September 29, 2004, that the appellate record was due for filing in this court on or before November 15, 2004.^[1]  See TEX.R.APP.P. 35.1.  The trial court clerk=s office filed an affidavit with this court on November 18, 2004, wherein Angie Welch, Assistant Chief Deputy for Vivian Wood, District Clerk of Midland County, stated that the office had not received a designation of items to be included in the clerk=s record and that no financial arrangements had been made for the preparation of the clerk=s record.  This court advised appellant=s counsel in a letter dated November 19, 2004, that the appeal would be dismissed for want of prosecution unless the designation of items to be included in the clerk=s record was filed and sufficient financial arrangements for the preparation of the clerk=s record were made within 15 days of the date of the letter.^[2]  See TEX.R.APP.P. 35.3(a)(2) & 42.3.

As of this date, appellant has neither filed a designation of the items to be included in the clerk=s record nor made sufficient financial arrangements for the preparation of the clerk=s record.  Pursuant to Rule 42.3, we dismiss the appeal for want of prosecution.

The appeal is dismissed for want of prosecution.

PER CURIAM

January 31, 2005

Not designated for publication. See TEX.R.APP.P. 47.2(a).

Panel consists of:  Arnot, C.J., and

Wright, J., and McCall, J.

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     ^[1]Appellant indicated in her docketing statement that a reporter=s record would not be requested. 

     ^[2]This court sent the letter of November 19, 2004, to appellant=s counsel by certified mail, return receipt requested.  The return  receipt indicates that counsel received the letter on November 22, 2004.