Estate of Charles Everett Hooten

 

 

 

 

 

 

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

 

                                        NO. 2-05-138-CV

 

 

ESTATE OF CHARLES EVERETT

HOOTEN, DECEASED

 

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                 FROM THE PROBATE COURT OF DENTON COUNTY

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                  MEMORANDUM OPINION[1] AND JUDGMENT

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On August 23, 2005, we notified appellant that the trial court clerk responsible for preparing the record in this appeal informed the court that payment arrangements had not been made to pay for the record as required by TEX. R. APP. P. 35.3(a)(2).  We stated we would dismiss the appeal for want of prosecution unless, by September 2, 2005, appellant made arrangements to pay for the record and provided this court with proof of payment. 


Because appellant has not made payment arrangements for the record, it is the opinion of the court that the appeal should be dismissed for want of prosecution.   Accordingly, we dismiss the appeal.  See TEX. R. APP. P. 37.3(b), 42.3(b).

Appellant shall pay all costs of the appeal, for which let execution issue.

 

PER CURIAM                                                                              

PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

 

DELIVERED: September 15, 2005

 

 



[1]See Tex. R. App. P. 47.4.