Opinion
No. 04-04-00715-CV
Delivered and Filed: July 27, 2005.
Appeal From the 198thth Judicial District Court, Mason County, Texas, Trial Court No. 34721, Honorable Emil Karl Prohl, Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
On June 7, 2005, this court notified the trial court clerk that the clerk's record was late. The trial court clerk responded to our notice by stating that the clerk's record is complete, but has not been filed because appellant has failed to pay or make arrangements to pay the clerk's fee for preparing the record and that appellant is not entitled to appeal without paying the fee. Accordingly, on June 20, 2005, this court ordered appellant to provide written proof to this court no later than June 27, 2005 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. Our order informed appellant that if it 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 did not respond. The appeal is dismissed for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant.