DISMISSED; Opinion issued December 1,1999

In The 

### (tatrt nfAppeals 

## Jftftlj Ststmt of teas at Dallas No. 05-99-01696-CV JOHN L. GRIFFITHS, JR., LEIGH OPERATING COMPANY, AND LLOYD PETROLEUM CORPORATION, Appellants V. BABO LOE, Appellee 

### On Appeal from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. 97-04013-H

OPINION PER CURIAM Before Justices Whittington, Wright, and Bridges 

### Although appellants filed a notice ofappeal with the trial court on August 23, 1999, this Courtdidnot receivea copyof the noticeofappeal. Rather, on October4,1999, the Courtreceived written notification from the district clerk that the clerk's record had been prepared, but was being 

### held for a tenderof $861. By letter dated October 4, 1999, thisCourt directed appellants to file a 

### completed docketing statement. .SeeTEX.R.APP.P.32. Appellants didnotrespond. By letterdated November 12, 1999, the Court again directed appellants to file a docketing statement. Theletter 

### cautioned appellants that failure to file the docketing statement within ten days would result in dismissal oftheir appeal without further notice. To date, appellants have notresponded.Therefore, on the Court's own motion, this appeal is DISMISSED. See TEX. R. APP. P. 42.3(b), (c).

Do Not Publish Tex. R. App. P. 47 991696F.U05

-2- PER CURIAM

### Court at Appeals Jfltftlf m&trxtt of Qtexass at Dallas JUDGMENT JOHN L. GRIFFITHS, JR., LEIGH OPERATING COMPANY, AND LLOYD PETROLEUM CORPORATION, Appellants No. 05-99-01696-CV BABO LOE, Appellee V. 

### Appeal from the 160th JudicialDistrict Court of Dallas County, Texas. (Tr.Ct.No. 97- 04013-H). Opinion delivered per curiam before Justices Whittington, Wright, and Bridges.
Based on the Court's opinion ofthis date, this appeal is DISMISSED. It is ORDERED that appellants bear the costs ofthis appeal. Judgment entered December 1, 1999.

### RECEIVED IN COURT OF APPEALS, 5th OIST. Appellate Docket No.: 

## Appellate Case Style: ' ^.ao-m^ ry IX 0 1 1000

__ USA ft/IAIZ 

### CllRTrStTrOISfRICT 

### FIFTH DISTRICT COURT OFAPPEALS 

## NOTF PAiTTi:r2iAPPEAL-D0CKETING STATEMENT 

## tJSFSiOIS** T° FILE D0CKETING STATEMENT AS REOUIRED RY 

# TRAP32.1MAYRESULTINDISMISSALOFTHEAFKA^^S^?^ PARTffiSJTRAP32J(a),(e)): 

## Appellant): ^^ John ^

Leigh Operating Conpany and Loyd Petroleum Corporation Attorney (Lead Counsel):

Joe B. Abbey Address (Lead Counsel):

8528 Baltimore, Suite 201 Dallas'< Texas 75225 Telephone: (214)739-2337 Fax: SBN (Lead Counsel): nn7«onnn Appellee(s): Loe Babo Attorney (Lead Counsel):

Jeff Clark Address (Lead Counsel):

5830 Alpha Rd. Suite 101 Dallas, Texas 73240 Telephone: (972)861-2227 Fax: SBN (Lead Counsel): 04286020 

# ^=^rrstsrsr^^=s^—•
-
PERFECTION OFAPPEALfTRAP32.1(b).fc).fc).ffl> Date Order orJudgment Signed: 

# 4^ Appeal From Final Judgment? 

### (Disposes ofAll Parties &Issues)- Yes: fc] No:[] Restricted Appeal Under TRAP 30? 

## Yes: [] No: | Date Notice ofAppeal Filed: IfMailed, Give Date: ' 

### (Attach File-Stamped Copy ofNotice) Interlocutory Appeal ofAppealable Order? Yes:[] No: y 

## J

### Accelerated Appeal (Under TRAP 28, orOther Rule orStatute, orAppeal Given Precedence or Priority) Temporary or Ancillary Relief NATURE OF THE CASE (TRAP 32.1 (f»: Check as Appropriate 

### Yes: [] No: y None: y Will Request: [ ] Furnish Information as Appropriate Reason for Acceleration: Basis forRequest: 

## Describe SubjectMatter (i.e., Personal Injury, Breach ofContract, Temporary Injunction)
Breach of Contract Posture ofParties at Trial Appellant(s): Appellee(s): Dcfendai'iL^ PlaiuLiTf. 

### TRIAL COURTAND RECORD gRAP32.1(c)t(h),(i)); Court 160th District 

### Trial Judge (Who Tried or Disposed ofCase):

„, , David GOdbey 

### Telephone: m4^„_- Fax: Address: (214)653-7273 600 Commerce St. Dallas, Texas 75202-4623
Clerk's Record 

### County: D_ai^ T.Ct. Cause No. 97-04013-H 

### Court Clerk (District orCounty Clerk): 

## TeleSbm ^1^3-7273 Fax: Address:6oo Cormierce St. Dallas, Texas 75202-4623 Fee Paid: Yes:H No:[] 

### Arrangements Made to Pay Fee: Yes:[ 1 No:f ] Court Reporters) orCourt Recorder(s): <^«/m— ^?* n /-, 

### TelephoneNumber(s): (^/^> 4-0 - a$j> Fax Number(s): ( ^ ,^ ~> £, s"i, -L, 5 J a Address(es): '
Reporter's/Recorder's Record (Check if Electronic Recording [ ]) Yes: [ ] No:[] Date Requested: FeePaid:Yes:[]No:[] Arrangements Made to Pay Fee: Yes:[ ] No: []

### SUPERSEDEAS BOND (TRAP 32.1(1)): Yes: [ ] No: kl 

### Actions Extending Timetable (TRAP 32.1(d)): Action Motion for New Trial a— Motion to ModifyJudgment Request for Findings ofFact &Conclusions of Law Motion to Reinstate Other (Specify) INDIGENCY OFPARTY(TRAP 32.1(k)): Event Affidavit Filed Contest Filed Date Ruling on Contest Due Date Filed:

Filed Check as Appropriate Yes: [ ] No U Yes: [ ] No f] Yes: [ ] No [] Yes: [ ] No: [ ] Yes: [ ] No: [] Checkas Appropriate Yes: [ ] No:[] Yes: [ ] No:[] 

### Ruling on Contest: Sustained: [] Overruled: [ ] Attach File-Stamped Copy ofAffidavit. OTHER INFORMATION (TRAP 32.1(m)); Amount:

Date

Date



# £."5SraKSSESTor"**ptoceedings *•« ^°rMy "•»T°- •"-*•Alternative Dispute Resolution/Mediation 

### Was the case mediated in the trial court? If so, please provide the mediator's name, address telephone number, and fax number. ' F NO 

### Has the case been mediated since entry ofthe finaljudgment? Ifso, please provide the mediator's name address, telephone number, and fax number. 

### Can the parties agree on an appellate mediator? Ifso, please provide the mediator's name, address telephone number, and fax number. ' y YES 

### Ifyou believe this case is not appropriate for mediation, give specifics why not.
NONE 

### How was the case disposed of? (Summary Judgment, Trial, Dismissal, etc.) Summary Judgment 

### Summary ofreliefgranted, including amount ofmoneyjudgment, if any, and type ofdamages awarded. $1,005,000. Give briefdescription ofissues to be raised onappeal. Settlement 

## J NOTE: Ifinadequate space has been provided for the information requested, please provide the additional information on an attachment.

## 125 TM SJ4*'T° THE BEST °FMY KNOWLEDGE, ALL OF THE ABOVE INFORMATION IS TRUE AND CORRECT. * uwuiunAnun u

„ Jpo B. Abbey

__ Nov 30 1999 

### I^aTCounsel/Prb Se Party Date Representing "•©efendarttsRev. 9/2/97 CERTIFICATE OF SERVICE 

## Ihereby certify that atrue and correctcopy ofthe foregoing Docketing Statementwas served this 

## Zl_ day ofj/* *y^^ , 19^ on all parties/attorneys ofrecord listed below (provide name 

# and address ofeach person served and ifperson served is party's attorney, list name ofparty attorney represents) by: (circle one) personal service, mail, commercial delivery service fax 

### See TRAP 9.5(b). y '

Letid Counsel/Pro Se/PartyOFFICIAL CASH RECEIPT JIM HAMLIN DISTRICT CLERK COURT 3 TIME 11511:36 CH 6 TO V DATE 12/13/99 CASE NO 97-04013-H RECEIPT NO 009876 LOE BABO VS LOGIT PETROLEUM ETAL PAYMENT BY CHECK 025756 JOHN GRIFFITHS TOTAL CHARGES .00 TOTAL DEPOSITS 500.00

CAT 105

OFFICIAL CASH RECEIPT JIM HAMLIN DISTRICT CLERK COURT 3 TIME 11:10:57 CH 6 T0 v DATE 12/13/99 CASE NO 97-04013-H RECEIPT NO 009875 LOE BABO VS LOGIT PETROLEUM ETAL PAYMENT BY CHECK 025767 JOHN GRIFFITHS 

### TOTAL CHARGES .00 TOTAL DEPOSITS 361.00