Opinion
No. 08-04-00287-CV
April 28, 2005.
Appeal from 65th District Court of El Paso County, Texas, (Tc# 2002CM1586).
Before BARAJAS, C.J., McCLURE, and CHEW, JJ.
MEMORANDUM OPINION
This appeal is before the court on its own motion for determination of whether it should be dismissed for want of prosecution. Finding that the clerk's record has not been filed due to the fault of Appellant and that Appellant has failed to respond to our inquiry letter, we dismiss the appeal.
The clerk's record and reporter's record were due to be filed on January 14, 2005. The court reporter informed the Court on January 14, 2005 that Appellant did not file a designation of record or make financial arrangements for the payment of the record. That same day, we notified Appellant of her failure to designate the record or make financial arrangements and directed her to immediately notify us regarding the arrangements she had made or intended to make. We also directed Appellant to inform the Court by January 24, 2005 if she would not be requesting a reporter's record as part of the appeal. She did not respond to our and the court reporter again informed the Court on January 24, 2005, that Appellant had not contacted her or made arrangements to pay for the record. On January 24, 2005, the we notified Appellant that she had not made financial arrangements to pay for the reporter's record and she had failed to respond to our inquiry. Our letter further informed Appellant that the Clerk's record had not been filed. Our letter gave Appellant notice that the appeal would be dismissed for want of prosecution unless she contacted the Court within ten days and provided a reason why the appeal should be continued. See Tex.R.App.P. 37.3. Appellant again did not respond and the clerk's record has not been filed. The District Clerk has since informed the Court that Appellant has not made arrangements to pay for the clerk's record.
Rule 37.3(b) provides as follows:
If the trial court clerk failed to file the clerk's record because the appellant failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, the appellate court may — on a party's motion or it's own initiative — dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.
Tex.R.App.P. 37.3(b).
It is undisputed that Appellant has failed to make financial arrangements to pay for the clerk's record and the clerk's record has not been filed. Further, Appellant has not complied with our notices requiring a response. See Tex.R.App.P. 42.3(c) (authorizing appellate court to dismiss appeal where the appellant fails to comply with a notice from the clerk requiring a response or other action within a specified time). Pursuant to Rules 37.3(b) and 42.3(c), we dismiss the appeal.