Opinion
No. 11-03-00102-CV.
August 7, 2003.
Appeal from Dallas County.
Panel consists of: ARNOT, C.J., and WRIGHT, J., and MCCALL, J.
Memorandum Opinion
On December 12, 2002, the trial court entered a take-nothing summary judgment against the plaintiff, Arturo Chacon. Chacon timely filed a notice of appeal. The clerk's record was originally due to be filed on April 11, 2003. This court has twice extended the deadline for filing the clerk's record. On May 22, 2003, we granted appellant's motion to extend time to submit payment to the trial court clerk's office and ordered that the clerk's record shall be filed in this court on or before July 16, 2003. The trial court clerk's office notified this court that appellant still had not paid for the clerk's record. On July 16, 2003, this court notified the parties that the appeal would be subject to dismissal under TEX.R.APP.P. 42 and requested that appellant file a response within 15 days showing grounds to continue the appeal. As of this date, neither a response by appellant nor the clerk's record has been filed. The only response received by this court was appellees' motion to dismiss for want of prosecution. Nothing in our records indicates that appellant was entitled to proceed without payment of costs or that he filed an affidavit of indigence. See TEX.R.APP.P. 20.1 37.3(b). Because appellant has failed to pay or make arrangements to pay for the clerk's record, we dismiss the appeal for want of prosecution. TEX.R.APP.P. 37.3(b) 42.3. Appellees' motion to dismiss is granted.
The appeal is dismissed for want of prosecution.