Opinion
No. 06-05-00017-CV
Submitted: April 28, 2005.
Decided: April 29, 2005.
On Appeal from the 308th Judicial District Court Harris County, Texas, Trial Court No. 9515443.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
This case appears to be an appeal from a judgment regarding child support, signed by the trial court December 8, 2004. On December 10, 2004, Angela C. Austin filed a notice of appeal pro se in this case. Austin did not file a motion for new trial, a motion to modify the judgment, or a motion to reinstate the case. See TEX. R. APP. P. 26.1. Accordingly, the record in this case was due to be filed with this Court no later than February 7, 2005. See TEX. R. APP. P. 35.1.
By order of the Texas Supreme Court, this case was transferred from the Fourteenth Court of Appeals to this Court January 12, 2005. See TEX. GOV'T CODE ANN. § 73.001 (Vernon 2005).
As of Wednesday, April 6, 2005, we had not yet received the record in this case. On that date, our clerk's office informed Austin in a written letter that the record in this case was overdue. See TEX. R. APP. P. 37.3(a)(1) (appellate clerk shall notify parties and trial court of overdue record). Further, because no affidavit of indigency had been filed with the trial court, we reminded Austin that she was obligated to pay for the record or make suitable arrangements with the trial court clerk and the court reporter. See TEX. R. APP. P. 35.3(a)(2) (appellant responsible for paying for preparation of clerk's record or making satisfactory arrangements); TEX. R. APP. P. 35.3(b)(3) (appellant responsible for paying for preparation of reporter's record or making satisfactory arrangements). The clerk of this Court further informed Austin that either the record or Austin's response was due no later than Monday, April 18, 2005, or the appeal would be subject to dismissal for want of prosecution.
As of this date, we have neither a record nor a response from Austin. Accordingly, on our own motion, we dismiss the appeal for want of prosecution. See TEX. R. APP. P. 37.3(b) (no clerk's record filed due to appellant's fault; no showing appellant entitled to proceed without payment of costs).