Opinion
No. 05-09-01183-CV
Opinion Filed January 12, 2010.
On Appeal from the 134th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 08-16042-G.
Before Justices MORRIS, O'NEILL, and FILLMORE.
MEMORANDUM OPINION
In this appeal, the clerk's record was due on November 1, 2009. On October 19, 2009, the Dallas County District Clerk filed a letter with the Clerk of the Court informing the Court that the clerk's record had been prepared and was being held for the tender of the sum of fifty-one dollars. On November 17, 2009, the Clerk of the Court issued a letter addressed to the district clerk, with a copy to appellant, notifying the district clerk that the record was overdue and directing the district clerk to file, within thirty days, the clerk's record in this appeal. On November 19, 2009, the district clerk filed a second letter with the Court verifying that the clerk's record was still being held pending payment by appellant.
On November 24, 2009, the Clerk of the Court mailed appellant a letter notifying her that the Court had received notice from the district clerk stating that the clerk's record had not been filed because she had not paid, or arranged to pay, for the record. The Clerk's letter directed appellant to provide the Court, within ten days, with either written verification showing she had paid or arranged to pay for the record or written documentation showing she had been found to be entitled to proceed without paying costs. The Clerk's letter warned appellant that failure to provide the requested documentation might result in dismissal of the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). Appellant has not responded to any of the letters sent to her by the Court and the district clerk.
Accordingly, we DISMISS the appeal for want of prosecution. See Tex. R. App. P. 42.3 (b), (c).