IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
MAY 4, 2006
______________________________
DAWNA MILLER MAULDIN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
_________________________________
FROM THE 223RD DISTRICT COURT OF GRAY COUNTY;
NO. 6633 & 6634; HONORABLE LEE WATERS, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINIONFollowing pleas of not guilty, appellant Dawna Miller Mauldin was convicted by the trial court of two counts of theft of trade secrets. Punishment was assessed at ten years confinement, suspended for 10 years, and a $5,000 fine, which was not suspended. Appellant timely perfected these appeals.
The District Clerk of Gray County filed a motion for extension of time in which to file the clerk's records indicating appellant had not paid nor made arrangements to pay for the records. The court reporter notified the Clerk of this Court that appellant's counsel had instructed him not to prepare the reporter's records because counsel anticipated filing a motion to dismiss the appeals. Appellant's counsel notified the Clerk of this Court in mid-March that he would file a motion to dismiss in early April. To date neither the clerk's records nor reporter's records have been filed and the deadlines for doing so have expired. Neither has a motion to dismiss been filed. By letter dated April 17, 2006, this Court directed counsel to either file the appellate record or a motion to dismiss by April 28, 2006, noting that failure to do so might result in dismissal. Counsel did not respond.
Accordingly, the appeals are dismissed for want of prosecution and failure to comply with a directive from this Court. See Tex. R. App. P. 37.3.
Don H. Reavis
Justice
Do not publish.
NO. 07-11-0138-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
APRIL 18, 2011
______________________________
In re LUIS S. LAGAITE JR.,
Relator
______________________________
Original Proceeding for Writ of Mandamus
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Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Pending before the trial court is the petition for writ of mandamus filed by Luis S. Lagaite, Jr. He asks us to order the Honorable Ana Estevez, Judge, 251st District Court, Potter County, to convene trial and enter a judgment in cause number 97,061-C pending in said court. Attached to the petition was an Order Denying Plaintiffs Motion for Hearing and Motion for Trial signed by the trial court on March 9, 2011. In it, the trial court observed that none of the defendants have been served in this case, and none have appeared. Moreover, Lagaite did not dispute this determination through the petition filed with us. Given this, we cannot grant him the relief sought for neither a trial can begin against defendants nor final judgment be entered against them if they have yet to be served with citation. It is a matter of due process.
Accordingly, the petition for writ of mandamus is denied.
Per Curiam