Opinion
No. 04-15-00477-CV
02-10-2016
David SAB, Appellant v. Kathryn HAWKINS-SAB, Appellee
MEMORANDUM OPINION
From the 365th Judicial District Court, Dimmit County, Texas
Trial Court No. 14-09-12373 DCVAJA
Honorable Amado J. Abascal, III, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED FOR WANT OF PROSECUTION
On January 13, 2016, this court issued a memorandum opinion holding that appellant is not indigent and is therefore not entitled to proceed without paying the costs of appeal. Sab v. Hawkins-Sab, No. 04-15-00477-CV, 2016 WL 146991 (Tex. App.—San Antonio Jan. 13, 2016, no pet. h.); TEX. R. APP. P. 20.1(g), (n). We ordered appellant to respond within fifteen days by filing written proof that he has either paid for, or made payment arrangements for, the clerk's record and reporter's record. Appellant was warned that failure to pay for the clerk's record would result in dismissal of the appeal without further notice. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). Appellant replied by filing a letter stating that he contacted the trial court clerk and court reporter about the fees for preparation of the clerk's and reporter's records, and proposed to pay for both records after his recovery and sale of "the assets awarded by the trial court to appellant at the trial held 4-15-15." Appellant states that this proposed method of payment for the clerk's record and reporter's record was rejected by both the trial court clerk and court reporter. In addition, both the trial court clerk and court reporter have notified this court that no payment or acceptable payment arrangements have been made by appellant for preparation of the clerk's record or the reporter's record. Because appellant has failed to provide proof of payment or payment arrangements for the clerk's record, which is necessary to the appeal, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b), (c). Costs of the appeal are taxed against appellant.
PER CURIAM