Opinion
No. 10-03-244-CV
Opinion delivered and filed December 10, 2003.
From the County Court at Law No. 1, Dallas County, Texas, Trial Court # CC-03-02862-A.
Appeal dismissed.
C. Bryan Dunklin, Attorney for Appellant.
Stephen Fort and Jerry Goh, Attorney for Appellee.
Before Chief Justice GRAY, VANCE, and Judge STROTHER (Sitting by Assignment).
Ralph T. Strother, Judge of the 19th District Court of McLennan County, sitting by assignment of the Chief Justice of the Texas Supreme Court pursuant to section 74.003(h) of the Government Code. See TEX. GOV'T CODE ANN. § 74.003(h) (Vernon Supp. 2004).
MEMORANDUM OPINION
Appellants appealed an adverse judgment signed by the trial court on June 5, 2003. To the Court's knowledge, they did not file any post-judgment motions. Accordingly, the clerk's record was due on August 4, 2003. See Tex.R.App.P. 35.1.
The district clerk advised the Clerk of this Court by letter dated and faxed on August 19 that the clerk's record had not been filed because Appellants had failed to pay the clerk's fee for preparation of the record. Accordingly, the Clerk of this Court sent the following notice to Appellants on August 20, 2003:
The clerk's record in the above cause has apparently not been filed because appellant has failed to pay or make arrangements to pay the clerk's fee for preparation of the record. If appellant desires to proceed with this appeal, he must pay or make arrangements to pay the clerk's fee and notify this Court of the actions taken within ten days after the date of this letter. If appellant fails to do so, this appeal will be dismissed for want of prosecution.
To date, the Court has received no response to this notice.
Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk's fee for preparation of the record, the Court may:
dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.
Tex.R.App.P. 37.3(b).
The Court has received no information to suggest that Appellants are indigent. Appellants have not made the necessary arrangements for the filing of the clerk's record despite being given the opportunity to do so. Id. Accordingly, we dismiss the appeal for want of prosecution.