R. Gene Autry and Peggy Autry v. Sinesio Garduno and Eva L. Garduno

IN THE
TENTH COURT OF APPEALS

No. 10-23-00253-CV

R. GENE AUTRY AND PEGGY AUTRY,
Appellants
v.

SINESIO GARDUNO AND EVA L. GARDUNO,
Appellees

From the 40th District Court
Ellis County, Texas
Trial Court No. 106,925

MEMORANDUM OPINION

On September 20, 2023, and again on November 13, 2023, the Clerk of this Court

notified Appellants R. Gene Autry and Peggy Autry that we have not received the

docketing statement and that this appeal would be dismissed if the docketing statement

was not filed within twenty-one days of the date of the letter. To date, we have not
received the docketing statement from Appellants. 1 Accordingly, the appeal is

dismissed. See TEX. R. APP. P. 42.3(c).

MATT JOHNSON
Justice

Before Chief Justice Gray,
Justice Johnson, and
Justice Smith
Dismissed
Opinion delivered and filed December 21, 2023
[CV06]

1 On October 10, 2023, we did receive a pro se letter from R. Gene Autry, dated October 3, 2023, in

which he states that he “will do my best to summarize the facts as they have happened.” The letter does
not contain proper proof of service; however, to expedite this matter, we implement Rule of Appellate
Procedure 2 to suspend Rule of Appellate Procedure 9.5’s proof-of-service requirement for the letter. See
TEX. R. APP. P. 2, 9.5. The letter has been posted to the Court’s website so that the parties may have access
to it.
No response was received from Appellants following the Clerk of the Court’s November 13, 2023
notification letter regarding the overdue docketing statement.

Autry v. Garduno Page 2