Opinion
No. 05-05-00733-CV
Opinion issued August 15, 2005.
On Appeal from the 302nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. 98-10622-U.
Dismissed.
Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.
MEMORANDUM OPINION
A review of this appeal shows the notice of appeal was filed May 25, 2005. That day, the $125 filing fee and docketing statement were due. In a letter dated July 22, 2005, we notified Cheryl Timms that she was required to pay the $125 filing fee and to file a docketing statement within ten days of the date of the letter. We cautioned her that the appeal would be dismissed if the filing fee was not paid and the docketing statement not filed by August 1, 2005. To date, Ms. Timms, has not responded.
In a letter dated August 1, 2005, the district clerk notified the Court the record had been prepared but that no payment had been made. On August 2, 2005, we notified Ms. Timms of the clerk's letter and cautioned her that the appeal would be dismissed unless she provided the Court with written verification that she had paid or made arrangements to pay for the clerk's record. To date, Ms. Timms has not responded. Finally, we note the court reporter filed a letter dated August 3, 2005, stating that Ms. Timms had neither requested nor paid for a reporter's record. In light of the above, we DISMISS this case for want of prosecution. See Appendix to the Tex.R.App.P. B(1)(a); Tex.R.App.P. 5, 35.3, 37.3, and 42.3.