Thomas Victor (Tom) Rhodes, Jr. and Josephine Ann (Josie) [Lopez] O`Dell, Both Individually and Both as Representative of the Estate of Shiena Rhodes v. Honda, Greenville Honda

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In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-07-00056-CV ______________________________ THOMAS VICTOR (TOM) RHODES, JR. AND JOSEPHINE ANN (JOSIE) [LOPEZ] O'DELL, BOTH INDIVIDUALLY AND BOTH AS REPRESENTATIVE OF THE ESTATE OF SHIENA RHODES, DECEASED, Appellants V. HONDA, GREENVILLE HONDA, ET AL., Appellees On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court No. 67,122 Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION Thomas Victor (Tom) Rhodes, Jr., and Josephine Ann (Josie) [Lopez] O'Dell, both individually and as representatives of the estate of Shiena Rhodes, deceased, appealed from the trial court's judgment against them and in favor of Honda, et al. The appellants claimed indigence and requested a free record. That indigence was contested by both the district clerk and the court reporter. See TEX . R. APP . P. 20.1(e). The trial court held a hearing and determined the appellants were not indigent. See TEX . R. APP . P. 20.1(i). That determination was appealed in a separate appeal, cause number 06-07-00081-CV. Our opinion upholding the trial court's decision in that case issued February 6, 2008, and, after the time passed to appeal our ruling, our mandate issued June 27, 2008. We abated the current appeal until the issue of indigence was determined. On July 1, 2008, we issued an order in the current case, giving the appellants thirty days to file the clerk's and reporter's records, and informing the appellants that, if the records were not filed by that time, this appeal would be dismissed for want of prosecution. See TEX . R. APP . P. 42.3(b), (c). It is now August 19, and those records have not been filed. 2 Therefore, we dismiss this appeal for want of prosecution. Jack Carter Justice Date Submitted: August 19, 2008 Date Decided: August 20, 2008 3