From Casetext: Smarter Legal Research

Kimbrough v. Carter

Court of Appeals For The First District of Texas
Jan 12, 2012
NO. 01-10-00576-CV (Tex. App. Jan. 12, 2012)

Opinion

NO. 01-10-00576-CV

01-12-2012

GERALD KIMBROUGH AND VANESSA KIMBROUGH, Appellants v. WILLIAM H. CARTER AND MELANIE Z. CARTER, Appellees


On Appeal from the County Civil Court at Law No. 2

Harris County, Texas

Trial Court Case No. 921840


MEMORANDUM OPINION

The appellate record in this case was originally due on October 4, 2010. The record was not timely filed because appellants failed to make payment arrangements. Appellants requested additional time to file the appellate record, and this Court allowed them until April 6, 2011 to file the record. Appellants failed to file the record by April 6, 2011 or thereafter. On November 22, 2011, the Clerk of this Court sent appellants a notice that the record was past due and had not been filed because they had not made payment arrangements. The Clerk allowed appellants until December 13, 2011 to file a written response establishing that payment arrangement had been made. The Clerk also invited appellants to file written explanation if they believed they were exempt from the obligation to pay for the appellate record. Appellants filed no written response, and the appellate record still has not been filed in this appeal.

The Clerk informed appellants that their appeal could be dismissed for want of prosecution without further notice if appellants failed to comply with the December 13, 2011 deadline. Appellants have failed to comply. We dismiss this case for want of prosecution. See TEX. R. APP. P. 42.3(b) (authorizing involuntary dismissal of civil case for want of prosecution). All pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Jennings, Sharp, and Brown.


Summaries of

Kimbrough v. Carter

Court of Appeals For The First District of Texas
Jan 12, 2012
NO. 01-10-00576-CV (Tex. App. Jan. 12, 2012)
Case details for

Kimbrough v. Carter

Case Details

Full title:GERALD KIMBROUGH AND VANESSA KIMBROUGH, Appellants v. WILLIAM H. CARTER…

Court:Court of Appeals For The First District of Texas

Date published: Jan 12, 2012

Citations

NO. 01-10-00576-CV (Tex. App. Jan. 12, 2012)

Citing Cases

Tchula Commercial Co. v. Jackson

The authorities on this point are practically one way. See section 358, Hemingway's Code, Multifariousness.…

Ogden v. Amite Co. Bank

But regardless of this situation, the bank at one and the same time filed a bill of complaint to correct and…