Opinion
No. 05-03-00012-CV.
Opinion Filed April 2, 2003.
Appeal from the 44th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 01-00043-B.
Dismiss.
Before Justices JAMES, BRIDGES and RICHTER.
MEMORANDUM OPINION
The clerk's record was due to be filed in this appeal on February 1, 2003 and has not been filed. On February 3, 2003, the Court received notice from the Dallas District Clerk's office that the record was being held for the tender of $290. By the Court's letter dated February 4, 2003, appellant was instructed to provide, within ten days, written verification that arrangements have been made to pay for the clerk's record. In his letter dated February 18, 2003, appellant responded by requesting a 30 day extension to pay for the clerk's record. In a letter dated March 13, 2003, the Court informed appellant that it would delay dismissing the appeal for want of prosecution for failure to pay for the clerk's record until March 24, 2003. The letter stated, "If the Court does not receive proof of payment of the $290 for the record on or before March 24, 2003, this appeal will be dismissed for want of prosecution without further notice from the Court."
On March 24, 2003, the Court received from appellant a copy of its March 13, 2003 letter with the appellant's handwritten entry stating, "FYI/ Payment mailed to Jim Hamlin District Clerk on 3/20/03." Appellant did not provide proof of payment, rather he provided a statement to the Court asserting that he had mailed the payment. However, on March 28, 2003, the Court received a second notice from the Dallas District Clerk's office stating that the record "is prepared and is being held for the tender of $290." The clerk's office has not received payment and the record has not been filed.
Accordingly, on the Court's own motion, this appeal is DISMISSED for want of prosecution. See Tex.R.App.P.37.3(b), 42.3(b),(c).