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NUMBER 13-11-00339-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
____________________________________________________________
WELLINGTON, VIADUCT AND WELLINGTON,
INC., A DISSSOLVED CORPORATION, ATLANTIC
SUWANEE RIVER AND GULF RAILROAD
COMPANY, TRUSTEE, INTERVENOR AND
ASSIGNOR, A DISSOLVED CORPORATION, Appellants,
v.
JOHN S. MCCAMPBELL TRUST, JEAN
MCCAMPBELL DAVIS TRUST, FOUR FAMILY
TRUST (COMPASS BANK TRUSTEE), Appellees.
____________________________________________________________
On appeal from the 36th District Court
of San Patricio County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Justices Rodriguez, Vela, and Perkes
Memorandum Opinion Per Curiam
Appellants, Wellington, Viaduct and Wellington, Inc., a Dissolved Corporation,
Atlantic Suwanee River and Gulf Railroad Company, Trustee, Intervenor and Assignor, a
Dissolved Corporation, filed an appeal from a judgment rendered against them in favor of
appellees. On August 9, 2011, the Clerk of this Court notified appellants that the clerk's
record in the above cause was originally due on August 9, 2011, and that the deputy
district clerk, Ernestina Roblez, had notified this Court that appellants failed to make
arrangements for payment of the clerk's record. The Clerk of this Court notified
appellants of this defect so that steps could be taken to correct the defect, if it could be
done. See TEX. R. APP. P. 37.3, 42.3(b),(c). Appellants were advised that, if the defect
was not corrected within ten days from the date of receipt of this notice, the appeal would
be dismissed for want of prosecution. The notice was sent to appellants’ address by
certified mail return receipt requested; however, the certified mail was returned as
unclaimed and unable to forward. Subsequently, the Clerk of the Court sent the notice to
appellants by regular mail on September 7, 2011.
On September 7, 2011, the Clerk of the Court notified appellants that they were
delinquent in remitting a $175.00 filing fee. The Clerk of this Court notified appellants
that the appeal was subject to dismissal if the filing fee was not paid within ten days from
the date of receipt of this letter. See id. 42.3(b),(c).
Appellants have failed to respond to this Court=s notices and have failed to pay the
filing fee. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION.
See TEX. R. APP. P. 42.3(b), (c).
PER CURIAM
Delivered and filed the 13th
day of October, 2011.
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