Henry T. Maddox v. The State of Texas--Appeal from 241st District Court of Smith County

State: Texas

Court: Texas Northern District Court

Docket No: 12-08-00447-CR

Case Date: 11/26/2008

Plaintiff: Henry T. Maddox

Defendant: The State of Texas--Appeal from 241st District Court of Smith County

Preview:In the matter of the estate of Theresa A. Johnson,
deceased--Appeal from County Court at Law No. 2 of
Montgomery County
Opinion filed September 6, 2007
Opinion filed September 6, 2007
In The
Eleventh Court of Appeals
No. 11-07-00207-CV
IN THE MATTER OF THE ESTATE OF
THERESA A. JOHNSON, DECEASED
On Appeal from the County Court at Law No. 2
Montgomery County, Texas
Trial Court Cause No. 06-23,180-P
M E M O R A N D U M O P I N I O N
On April 4, 2007, the trial court signed the judgment determining heirship. Marty Uphoff filed a notice appeal. An
affidavit of inability to pay costs on appeal was not filed. We dismiss.
Both the clerk of the trial court and the court reporter have stated in writing that Uphoff has failed to make
arrangements for the appellate record. On July 31, 2007, the clerk of this court wrote the parties directing Uphoff to
file proof in this court of designation of and payment for the appellate record on or before August 15, 2007. There has
been no response to our July 31 letter.
The failure to file the appellate record appears to be due to Uphoff=s actions. Therefore, the appeal is dismissed for
want of prosecution. Tex. R. App. P. 37.3(b).
September 6, 2007 PER CURIAM
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.
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