Opinion
No. 05-03-00206-CV
Filed August 20, 2003
On Appeal from the 305th Judicial District Court, Dallas County, Texas, Trial Court Cause No. JD-44853-X
Before Justices Bridges, O'Neill, and FitzGerald
MEMORANDUM OPINION
This appeal involves a juvenile found to be engaged in delinquent conduct. Appellant filed a May 2, 2003 "motion for record of hearing on contest." On May 12, 2003, we construed appellant's motion as a motion for appellate review of the trial court's order sustaining the clerk's contest and abated payment of fees pending our indigence review. After the relevant record and briefs were filed, by our order of July 29, 2003, we determined that the trial court did not abuse its discretion in determining that the family is not indigent. Accordingly, the trial court did not abuse its discretion when it sustained the district clerk's contest of pauper's oath.
By our July 29, 2003 order, we reinstated the payment of fees under appellate rule 5 in this appeal and stated: "Failure to remit the $125 filing fee due in this appeal and to provide written documentation to the Court that payment arrangements for the clerk's record have been made to pay for the clerk's record, within ten (10) days of the date of this order, will result in the dismissal of this appeal for want of prosecution, without further notice form this Court." However, the $125 filing fee has not been remitted and no documentation regarding payment arrangement for the clerk's record has been filed.
Therefore, on the Court's own motion, this appeal is DISMISSED for want of prosecution. See Tex.R.App.P. 5, 42.3(b),(c).