NO. 12-01-00044-CV
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS
JAMES W. THOMPSON, § APPEAL FROM THE 173RD
APPELLANT
V. § JUDICIAL DISTRICT COURT OF
CARMEN KAY WARE, INDIVIDUALLY
AND AS ATTORNEY IN FACT FOR CARMEN
THOMPSON, M.E. GOODMAN, III., § HENDERSON COUNTY, TEXAS
PEYTON L. GOODMAN ADAMS AND
DAVID MONK,
APPELLEES
PER CURIAM
This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). Appellant perfected his appeal on February 7, 2001. Thereafter, the record was filed on May 2, 2001, making Appellant’s brief due on or before June 1, 2001. When Appellant failed to file his brief within the required time, this Court notified him on June 15, 2001 that the brief was past due, and it warned that if no response explaining the delay was received by June 25, 2001, the appeal would be dismissed for want of prosecution under Tex. R. App. P. 42.3(c) and Tex. R. App. P . 38.8(a)(1).
As of July 3, 2001, Appellant has neither tendered his brief nor otherwise responded to this Court’s notice. Accordingly, Appellant’s appeal is dismissed for want of prosecution pursuant to Tex. R. App. P. 38.8(a)(1) and 42.3.(b).
Opinion delivered July 11, 2001.
Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.
DO NOT PUBLISH
(comment: 1)
COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT OF TEXAS
JUDGMENT
NO. 12-01-00044-CV
JULY 11, 2001
JAMES W. THOMPSON,
Appellant
V.
CARMEN KAY WARE, INDIVIDUALLY AND AS ATTORNEY IN FACT
FOR CARMEN THOMPSON; M.E. GOODMAN, III,
PEYTON L. GOODMAN ADAMS AND DAVID MONK
Appellees
_____________________________________________________________________________
Appeal from the 173rd Judicial District Court
of Henderson County, Texas. (Tr.Ct.No.99A-036)
_____________________________________________________________________________
THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, Dismissed ; that all costs of this appeal are hereby assessed against Appellant, James W. Thompson , for which execution may issue; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.
THE STATE OF TEXAS
M A N D A T E
TO THE 173RD JUDICIAL DISTRICT COURT OF HENDERSON COUNTY, GREETINGS:
Before our Court of Appeals for the 12 th Court of Appeals District of Texas, on the 11th day of July, 2001, the cause upon appeal to revise or reverse your judgment between
JAMES W. THOMPSON, Appellant
NO. 12-01-00044-CV and Tr. Ct. Case Number 99A-036
Opinion by Per Curiam.
KAY WARE, INDIVIDUALLY AND AS ATTORNEY IN FACT
FOR CARMEN THOMPSON, M.E. GOODMAN, III,
PEYTON L. GOODMAN ADAMS, AND DAVID MONK, Appellees
was determined; and therein our said Court made its order in these words:
THIS CAUSE came on to be heard on the transcript of the record, and the same being inspected, it is the opinion of this Court that the appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED that the appeal, be, and hereby is, Dismissed ; that all costs of this appeal are hereby assessed against Appellant, James W. Thompson , for which execution may issue; and that this decision be certified to the court below for observance.
WHEREAS, YOU ARE HEREBY COMMANDED to observe the foregoing order of said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed.
WITNESS, THE HONORABLE LEONARD DAVIS, Chief Justice of said Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the ______ day of __________________, 2001.
CATHY S. LUSK, CLERK
By:_______________________________
Deputy Clerk
COMMENTS AND ANNOTATIONS
Comment 1:
J.25 CIVIL - REVERSED & DISMISSED WITHOUT PREJUDICE
Each party pays their own way in both courts.