Opinion
No. 05-06-00294-CV
Opinion issued June 2, 2006.
On Appeal from County Court at Law No. 1, Dallas County, Texas, Trial Court Cause No. 05-3831-a.
Dismissed.
Before Justices MORRIS, O'NEILL, and MAZZANT.
MEMORANDUM OPINION
On April 26, 2005, appellant filed a notice of appeal in the trial court. However, the county clerk did not forward a copy of the notice of appeal to this Court until March 7, 2006. The next day, we notified appellant by separate letters that the $125 filing fee and docketing statement were due. We gave appellant ten days to pay the filing fee and file the docketing statement. We warned appellant that if he failed to comply with our directives within the time allowed, the appeal was subject to dismissal without further notice. We sent these notices to the address appellant listed on his notice of appeal. All notices have been returned. Appellant has not notified us of a new address.
Further, on March 29, 2006, the county clerk notified this Court that the clerk's record had been prepared and that it would be filed as soon as payment was received. By letter dated March 30, 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 or to file written documentation that appellant has been found to be entitled to proceed without payment of costs. The Court warned appellant that failure to comply may result in dismissal of his appeal for want of prosecution.
If the trial court clerk fails to file the clerk's record because an appellant 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 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, and he has not filed written documentation that he has been found to be entitled to proceed without payment of costs. Additionally, as of this date, appellant has not paid the filing fee, filed a docketing statement, or otherwise communicated to this Court regarding this appeal.
Accordingly, on the Court's own motion, we DISMISS the appeal. See Appendix to the Tex.R.App.P. (B)(1)(a); Tex.R.App.P. 5, 32.1, 37.3(b), 42.3(b), (c).