Opinion
NO. 12-12-00283-CV
10-24-2012
IN THE MATTER OF THE MARRIAGE OF CAROLINE POUZBOURIS AND TAMBI IDRIS
APPEAL FROM THE
COUNTY COURT AT LAW #2
SMITH COUNTY, TEXAS
MEMORANDUM OPINION
PER CURIAM
This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk's fee for preparing the clerk's record. The trial court's judgment was signed on May 25, 2012, and Appellant timely filed a notice of appeal. The clerk's record was originally due on September 22, 2012. On October 2, 2012, this court notified the trial court clerk that the record had not been filed. In response, the trial court clerk filed a motion for extension of time to file the clerk's record. In the motion, the clerk stated that the reason for the delay in filing was that Appellant had not made a claim of indigence and had failed to either pay or make arrangements to pay for the preparing of the clerk's record. On October 10, 2012, this court informed Appellant that, pursuant to rules of appellate procedure 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided on or before October 22, 2012.
The deadline has now passed, and Appellant has neither provided proof of full payment nor otherwise responded to this court's notice. Accordingly, the appeal is dismissed. See TEX. R. APP. P. 37.3(b), 42.3(c). Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
(PUBLISH)
JUDGMENT
NO. 12-12-00283-CV
IN THE MATTER OF THE MARRIAGE OF
CAROLINE POUZBOURIS AND TAMBI IDRIS
Appeal from the County Court at Law #2
of Smith County, Texas. (Tr.Ct.No. 10-3201-F)
THIS CAUSE came to be heard on the appellate record; and the same being considered, it is the opinion of this court that this appeal should be dismissed.
It is therefore ORDERED, ADJUDGED and DECREED by this court that this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court below for observance.
By per curiam opinion.
Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.