Mitchellv.Mitchell

Court of Appeals of Texas, Sixth District, TexarkanaFeb 7, 2007
No. 06-06-00082-CV (Tex. App. Feb. 7, 2007)

No. 06-06-00082-CV.

Submitted: February 6, 2007.

Decided: February 7, 2007.

On Appeal from the 62nd Judicial District Court Hopkins County, Texas Trial Court No. CV35580.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

Memorandum Opinion by Justice Carter


MEMORANDUM OPINION


JACK CARTER, Justice

Don Lee Mitchell, Jr., filed a notice of appeal July 20, 2006. Mitchell is not indigent. Therefore, he is responsible for payment for the preparation of the clerk's and reporter's records. See Tex. R. App. P. 35.3(a)(2).

The following is a time line of the pertinent events of this case:

7/20/06 Notice of Appeal filed

7/26/06 Letter from this Court informing Mitchell that clerk's and reporter's records were due on or before September 5, 2006

8/7/06 Letter from district clerk informing Mitchell of the cost of the preparation of the clerk's record for appeal

8/15/06 Letter from court reporter informing Mitchell that she had received no request for preparation of the reporter's record

9/7/06 Letter from court reporter again informing Mitchell that no request had been made for preparation of the reporter's record

10/10/06 Letter to Mitchell from this Court advising that, unless we received an adequate response from him on or before October 20, 2006, regarding the filing of the clerk's and reporter's record, the appeal would be dismissed for want of prosecution

10/20/06 Letter from Mitchell filed in this Court requesting an extension of time to file the clerk's and reporter's records

12/12/06 Letter from district clerk informing this Court that Mitchell had made a partial payment for the clerk's record; the remainder of the payment was to have been made by November 20, 2006 — this date was extended to December 8, 2006 — no further payment had been received by the district clerk

1/9/07 Letter to Mitchell from this Court advising that, unless we received an adequate response from him on or before January 19, 2007, regarding the filing of the clerk's and reporter's record, the appeal would be dismissed for want of prosecution

Mitchell has not contacted this Court. Accordingly, we dismiss Mitchell's appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c).