Opinion
No. 10-03-167-CV.
Opinion delivered and filed August 20, 2003
Appeal from the 220th District Court, Bosque County, Texas, Trial Court #03-02-14400-BCFM.
Dismissed for want of prosecution.
Michael Parker, Pro Se, Waco, TX, for appellant.
Tracey Diane Honea, Pro Se, Morgan, TX, for appellee.
Before Justice VANCE, Justice GRAY, and Senior Justice HILL (Sitting by Assignment).
MEMORANDUM OPINION
Michael Parker filed a motion to modify the terms of a prior order regarding child custody and child support. After a hearing, the court denied the motion, and Parker appealed.
The clerk's record was filed in this Court on May 27, 2003. No reporter's record was filed because Parker failed to request preparation of the record. See Tex.R.App.P. 37.3(c)(2). The Clerk of this Court notified Parker by letter dated June 11, 2003 that the appeal would be submitted on the clerk's record alone unless he made a proper request for the reporter's record within ten days thereafter (Monday, June 23). Id. Parker failed to comply.
Accordingly, the Clerk sent the following notice to Parker on July 9, 2003:
Pursuant to Rules 38.8(a)(1) and 42.3 of the Texas Rules of Appellate Procedure, you are notified that the Court may dismiss this appeal for want of prosecution unless, within ten days of this letter, the appellant or any party desiring to continue the appeal files with this court a response showing grounds for continuing the appeal.
Appellate Rule 38.8(a)(1) provides that if an appellant fails to timely file a brief, the Court may:
dismiss the appeal for want of prosecution, unless the appellant reasonably explains the failure and the appellee is not significantly injured by the appellant's failure to timely file a brief.
Id. 38.8(a)(1).
The Court has received no brief or other response to the July 9 notice. Therefore, this appeal is dismissed for want of prosecution. Id. 38.8(a)(1).