Opinion
No. 09-09-00167-CV
Opinion Delivered July 16, 2009.
On Appeal from the County Court, Polk County, Texas, Trial Cause No. PC04090A.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
On May 11, 2009, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why additional time was needed to file the record. We also notified the parties that the appeal would be dismissed unless the appellant remitted the filing fee for the appeal. Appellant presented a motion, without the filing fee, requesting sixty additional days to file the reporter's record. That time has lapsed without the filing of the record or payment of the fees due. The appellant did not file an affidavit of indigence and is not entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. There being no satisfactory explanation for the failure to file the record, and there being no reasonable explanation for the failure to pay the filing fee for the appeal, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b), 42.3. Costs are assessed against the appellant.
APPEAL DISMISSED.