Opinion
No. 04-07-00561-CV
Delivered and Filed: September 26, 2007.
Appeal from the 37th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CI-12057, Honorable Barbara Hanson Nellermoe, Judge Presiding.
DISMISSED FOR WANT OF PROSECUTION.
Sitting: CATHERINE STONE, Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.
MEMORANDUM OPINION
On August 6, 2007, the trial court clerk filed a notice of late record, stating that the clerk's record was not filed because appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the record and that appellant was not entitled to appeal without paying the fee. We subsequently ordered appellant to provide written proof to this court 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. We cautioned appellant that if he failed to respond within the time provided, his appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Appellant has not filed a response and the clerk's record has not been filed. We, therefore, order this appeal dismissed for want of prosecution.