Opinion
No. 05-06-00544-CV
Opinion Filed August 1, 2006.
On Appeal from the 160th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 06-01649.
Dismiss.
Before Justices MORRIS, O'NEILL, and MAZZANT.
MEMORANDUM OPINION
The clerk's record in this case was due on June 5, 2006. On May 4, 2006, June 2, 2006, June 27, 2006, July 6, 2006, and July 21, 2006, the district clerk's office notified this Court that it had prepared the clerk's record and was awaiting payment. By letters dated June 27, 2006 and July 6, 2006, the Court instructed appellant to file written verification within ten days that he had either paid or made arrangements to pay for the clerk's record. In both letters, the Court warned appellant that failure to comply may result in dismissal of the appeal for want of prosecution.
If the trial court clerk fails to file the clerk's record because an appellant has failed to pay or make arrangements to pay the clerk's fee for preparing the record, an appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of the costs. Tex.R.App.P. 37.3(b). As of the date of this opinion, the clerk's record has not been filed, and appellant has not provided this Court with written verification that he has either paid or made arrangements to pay for the clerk's record. Accordingly, we DISMISS this appeal for want of prosecution. See Tex.R.App.P. 37.3(b), 42.3 (b), (c).