the Northern Texas/Northern Louisiana Synod, Earl Eliason and Mark B. Herbener v. Jane Alfred Doe ( 2005 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-05-00029-CV

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THE NORTHERN TEXAS/NORTHERN LOUISIANA SYNOD, EARL ELIASON AND MARK B. HERBENER, Appellants

V.

JANE ALFRED DOE, ET AL., Appellees

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On Appeal from the 71st Judicial District Court

Harrison County, Texas

Trial Court No. 02-0157

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Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Chief Justice Morriss

MEMORANDUM OPINION

            The Northern Texas/Northern Louisiana Synod, Earl Eliason, and Mark B. Herbener, appellants, have appealed from a judgment rendered against them in this civil lawsuit filed by Jane Alfred Doe, et al. According to Northern Texas' docketing statement, the trial court rendered judgment  October  29,  2004,  following  a  jury  trial.  Northern  Texas  filed  a  notice  of  appeal January 26, 2005.       

            The clerk's record and reporter's record were due to be filed with this Court February 28, 2005. See Tex. R. App. P. 35.3. Northern Texas does not claim to be indigent, and was thus responsible for paying or making adequate arrangements to pay the costs for preparing the records. See Tex. R. App. P. 35.3(a), (b); 37.3(b), (c). On June 14, 2005, we contacted Northern Texas by letter. We gave appellants an opportunity to cure the defect and warned them that, if we did not receive an adequate response within ten days, this appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 42.3(b), (c).

            No record has been filed, and despite our warning, Northern Texas has provided this Court with no information to indicate that a record will be provided.

            Pursuant to Tex. R. App. P. 42.3(b), we dismiss the appeal for want of prosecution.   

                                                                                    Josh R. Morriss, III

                                                                                    Chief Justice

Date Submitted:          July 7, 2005

Date Decided:             July 8, 2005