Opinion
No. 04-11-00469-CV
Delivered and Filed: August 17, 2011.
Appealed from the County Court at Law No. 11, Bexar County, Texas, Trial Court No. 363,088, Honorable Jason Pulliam, Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On July 21, 2011, we notified appellant that the trial court clerk had filed a notification of late clerk's record stating that the clerk's record had not been filed because (1) appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the record, and (2) appellant is not entitled to appeal without paying the fee. We, therefore, ordered appellant to provide written proof to this court on or before August 1, 2011, that either (1) the clerk's fee had been paid or arrangements had been made to pay the clerk's fee; or (2) appellant is entitled to appeal without paying the clerk's fee. We warned that if appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
Appellant filed an untimely response to our July 21, 2011 order on August 5, 2011. However, the response does not establish either that the clerk's fee for preparation of the appellate record has been paid or that appellant is entitled to appeal without paying the clerk's fee. Therefore, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(c). Costs of this appeal are taxed against appellant. See id. 43.4.