Opinion
No. 05-05-00187-CV
Opinion Filed January 19, 2006.
On Appeal from the 305th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 03-1023-X.
Dismissed.
Before Justices MORRIS, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
This appeal involves the termination of parental rights and has been pending since February 2005. On April 28, 2005, we abated the appeal to allow the trial court to conduct a hearing to determine whether appellant, who is the mother of the children, was indigent. On July 14, 2005, we received the reporter's record from the indigency hearing. The record showed that although appellant was given notice of the hearing at her last known address, she failed to appear. Consequently, the trial court determined that a previous order sustaining the contest to appellant's pauper oath remained in effect and denied appellant's request to proceed as a pauper.
On September 20, 2005, this Court notified appellant by letter of the trial court's decision to deny her indigency status and informed her she must pay for both the clerk's record and reporter's record in this appeal. We gave her ten days to provide written verification that she had paid or made arrangements to pay for the record and warned that her failure to do so would result in dismissal without further notice.
Ten days later, we received a letter from appellant in which she gave "the court written notice of [her] intention to pay for the court records." Appellant did not, however, provide written verification that she had paid or made arrangements to pay for the records. So, by letter dated October 4, 2005, we again instructed appellant to provide this Court with the previously requested written verification by no later than October 11, 2005.
Thereafter, this Court received a $100 money order from appellant. We responded by letter, explained that no appellate fees were owed, and returned appellant's money order to her. We also explained to her that if the money order was sent in response to our October 4, 2005 letter, this Court does not accept payment for reporter's or clerk's records. We further explained that appellant should contact the court reporter and/or clerk to arrange payment for the record.
On December 12, 2005, this Court received notice from the trial court clerk that appellant had not paid or made arrangements to pay for the clerk's record in this appeal. We again gave appellant ten days to provide written verification that she had paid for or made arrangements to pay for the clerk's record. As of this date, appellant has not done so.
If the trial court clerk fails to file the clerk's record because an appellant failed to pay or make arrangements to pay the clerk's fee for preparing the record, an appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex.R.App.P. 37.3(b).
Here, appellant has not paid or made arrangements to pay for the clerk's record and she is not entitled to proceed without payment of costs. Accordingly, we DISMISS the appeal for want of prosecution. See Tex.R.App.P. 37.3(b).