Opinion
No. 04-05-00529-CV
Delivered and Filed: September 21, 2005.
Appeal from the 166th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CI-10398, Honorable John J. Specia, Jr., Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
The clerk's record was originally due on July 25, 2005. On July 28, 2005, the trial court clerk filed a Notice of Late Record, stating that the clerk's record is complete, but has not been filed because appellant has failed to pay or make arrangements to pay the clerk's fee for preparing the record and appellant is not entitled to appeal without paying the fee. Accordingly, on August 4, 2005, this court ordered appellant to provide written proof to this court no later than August 15, 2005 that either (1) the clerk's fee has been paid or arrangements have been made to pay the clerk's fee; or (2) appellant is entitled to appeal without paying the clerk's fee. Our order informed appellant that if she failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See Tex.R.App.P. 37.3(b). Also, appellant has failed to pay the $125 filing fee. See Tex. Gov't Code Ann. §§ 51.207(b)(1), 51.941(a)(1) (Vernon 2005); Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts of Appeals (July 21, 1998) § B.1.(a). The clerk of the court notified appellant of this deficiency in a letter dated July 29, 2005. The fee remains unpaid.
Appellant has not responded to our order of August 4, 2005; therefore, this appeal is dismissed for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant.