Opinion
No. 05-05-00734-CV
Opinion Issued August 15, 2005.
On Appeal from the 305th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-01206-X.
Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.
MEMORANDUM OPINION
A review of this appeal shows James Johnson filed his May 24, 2005 notice of appeal, challenging the trial court's judgment terminating his parental rights. Although Johnson filed an affidavit of indigency, a contest was filed and sustained.
In a letter dated May 27, 2005, the Court instructed Johnson to pay the $125 filing fee within ten days of the date of the letter or risk dismissal of his appeal. In letters dated July 7, 2005, we informed the district clerk and the court reporter that their records were overdue. We directed the clerk and the court reporter to file, within ten days of the date of the letters, the records. Johnson was sent copies of these letters. After both the clerk and the court reporter responded, stating Johnson had not requested or paid for the records, we sent Johnson another letter, dated July 22, 2005, informing him that the clerk's record and reporter's record were past due. We instructed Johnson to provide written verification that he had paid or made arrangements to pay for the clerk's and reporter's records. We cautioned Johnson that the failure to do so would result in dismissal of this appeal without further notice. The same letter informed Johnson that the $125 filing fee in his appeal was overdue. We directed Johnson to pay the fee within ten days of the date of the letter. We cautioned Johnson that the failure to pay the fee would also result in dismissal of this appeal for want of prosecution. To date, Johnson has not responded.
Accordingly, we DISMISS this appeal for want of prosecution. See Appendix to the Tex.R.App.P. B(1)(a); Tex.R.App.P. 5, 37.3, and 42.3.