Opinion
No. 04-03-00593-CV
Delivered and Filed: September 1, 2004.
Appeal from the 45th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-PA-01641, Honorable Juan Gallardo, Judge Presiding.
Sitting by assignment.
Dismissed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
Edwin Richardson appeals the trial court's judgment terminating his parental rights. On March 10, 2004, we affirmed the trial court's order finding Richardson is not indigent and not entitled to a free record or appointed counsel on appeal. On May 6, 2004, we denied Richardson's motion for rehearing and ordered him to file proof with the court, not later than May 21, that he paid or made arrangements to pay for the record. See Tex.R.App.P. 35.3(b). We advised Richardson that if he failed to comply with the order, his brief, without the benefit of a reporter's record, would be due. Richardson did not show he paid or made arrangements to pay for the record and no reporter's record has been filed.
Richardson's brief on the issue the trial court found was not frivolous was originally due June 10, 2004; however, we granted him an extension of time until July 14, 2004. On July 2, 2004, Richardson filed a letter we construed as a motion for extension of time to file appellant's brief, and on July 12, we ordered Richardson to file his brief not later than August 9, 2004. We advised Richardson that the court would grant no further extensions of time to file the brief and that the appeal would be dismissed for want of prosecution if the brief were not filed by the date ordered. See Tex.R.App.P. 38.8(a). The brief has not been filed.
We therefore order this appeal dismissed for want of prosecution. We further order that the costs of this appeal are taxed against appellant Edwin Richardson.