TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-98-00394-CV
T. Robert Shugrue, Appellant
v.
The Honorable J. David Phillips; The Honorable Orlinda L. Naranjo; Jan Breland;
R. David Fritsche; Janice Hanigan; and C.W.S. Dessau-Associates, Appellees
NO. 240,788, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING
Because T. Robert Shugrue has neither paid for nor made arrangements to pay for the clerk's record, we will dismiss the appeal for want of prosecution. See Tex. R. App. P. 35.3(a)(2).
The Clerk of this Court filed appellant's Notice of Appeal on July 23, 1998. By letter dated February 2, 1999, the Clerk of this Court notified the county clerk's office of Travis County that the clerk's record was overdue. On July 16, 1999, this Court ordered the county clerk's office of Travis County to file the clerk's record no later than August 16, 1999. See id. 35.3(a). Notice was received from the county clerk's office on July 21, 1999, that they were unable to contact appellant at his last known mailing address, that all correspondence sent to him had been returned as "undeliverable," and, consequently, that the clerk's record had not been paid for, nor had arrangements for payment been made.
By letter dated August 12, 1999, appellant was requested to submit a status report regarding this matter by August 26, 1999. Again, by letter dated August 26, 1999, appellant was requested to submit a status report regarding this matter by September 7, 1999. Thus far, appellant has failed to respond to this request; however, on September 7, 1999, appellant did submit a document that is best described as "unintelligible," and does not address any of the issues or questions raised previously.
Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).
Before Justices Jones, Kidd and Patterson
Dismissed for Want of Prosecution
Filed: September 23, 1999
Do Not Publish