In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
______________________________
No. 06-06-00082-CV
______________________________
DON LEE MITCHELL, Appellant
V.
STACY ALLENE MITCHELL, AND IN THE INTEREST
OF T. C. M. AND R. R. M., Appellee
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
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).
Jack Carter
Justice
Date Submitted: February 6, 2007
Date Decided: February 7, 2007
k further review of this case by the Texas Court of Criminal Appeals, Washington must either retain an attorney to file a petition for discretionary review or file a pro se petition for discretionary review. Any petition for discretionary review must be filed within thirty days from the date of either this opinion or the last timely motion for rehearing that was overruled by this Court. See Tex. R. App. P. 68.2. Any petition for discretionary review must be filed with this Court, after which it will be forwarded to the Texas Court of Criminal Appeals along with the rest of the filings in this case. See Tex. R. App. P. 68.3. Any petition for discretionary review should comply with the requirements of Rule 68.4 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 68.4.