DISMISSED; Opinion issued December 1,1999

In The

(tatrt nf Appeals

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 of appeal with the trial court on August 23, 1999, this

Courtdidnot receivea copyof the noticeof appeal. Rather, on October 4,1999, 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 did notrespond. By letter dated

November 12, 1999, the Court again directed appellants to file a docketing statement. The letter

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Do Not Publish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 OF APPEALS

NOTF PAiTTi:r2iAPPEAL-D0CKETING STATEMENT tJSFSiOIS** T° FILE D0CKETING STATEMENT AS REOUIRED RY TRAP 32.1 MAY RESULT IN DISMISSAL OF THE AFKA^^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 OF APPEAL fTRAP32.1(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 of Appeal Filed:

If Mailed, Give Date: '

(Attach File-Stamped Copy ofNotice)

Interlocutory Appeal ofAppealable Order?

Yes:[] No: y

J
Accelerated Appeal (Under TRAP 28, or Other

Rule or Statute, 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 Subject Matter (i.e., Personal Injury, Breach of Contract, Temporary Injunction)

Breach of Contract

Posture of Parties at Trial

Appellant(s):

Appellee(s): Dcfendai'iL^

PlaiuLiTf.

TRIAL COURT AND 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, 5J 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 of Fact &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 of Affidavit.

OTHER INFORMATION (TRAP 32.1(m));

Amount:

Date

Date

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

Was the case mediated in the trial court? Ifso, please provide the mediator's name, address telephone number, and fax number. ' F

NO

Has the case been mediated since entry of the final judgment? 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 of relief granted, including amount of money judgment, ifany, and type of damages awarded.

$1,005,000.

Give brief description ofissues to be raised onappeal.

Settlement

J

NOTE: If inadequate space has been provided for the information requested, please provide the additional

information on an attachment.
125 TRUE AND

TM SJ4*' CORRECT. T°THE BEST °F MY KNOWLEDGE, ALL OF THE ABOVE* uwuiunAnun INFORMATION uIS

„ 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 correct copy ofthe foregoing Docketing Statement was served this

Zl_ day of j/**y^^ , 19^ on all parties/attorneys of record listed below (provide name

and address of each person served and if person served is party's attorney, list name of party

attorney represents) by: (circle one) personal service, mail, commercial delivery service fax

See TRAP 9.5(b). y '

Letid Counsel/Pro Se/Party
OFFICIAL 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 

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