Opinion
No. 04-04-00571-CV
Delivered and Filed: March 16, 2005.
Appeal from the 225th Judicial District Court, Bexar County, Texas, Trial Court No. 2001-CI-02257, Honorable John Specia, Jr., Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Catherine STONE, Justice, Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice.
MEMORANDUM OPINION
On February 11, 2005, the trial court clerk filed a notice of late record, stating that the clerk's record pertaining to appellant Sandra Saks Davis's portion of the appeal 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. Appellant failed to respond to our order. The appellant's portion of the appeal is therefore dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b); 42.3. The dismissal does not affect the status of the cross-appeal. Costs of the appeal will be taxed upon the final disposition of the appeal.