Opinion
NO. 09-14-00556-CV
02-19-2015
IN THE INTEREST OF B.A.B.
On Appeal from the 279th District Court Jefferson County, Texas
Trial Cause No. F-211,882-B
MEMORANDUM OPINION
On December 23, 2014, we notified the parties that the notice of appeal had not been timely filed, and informed the appellant that she could request an extension of time to file the notice of appeal. On January 8, 2015, we notified the parties that the appellant had not established indigence and warned that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the clerk's record or the appellant explained why additional time was needed to file the record. On January 12, 2015, we notified the parties that the appeal would be dismissed unless the appellant remitted the filing fee for the appeal. Appellant did not respond to this Court's notices.
An appellant who wishes to proceed on appeal without payment of costs must file an affidavit of indigence. See Tex. R. App. P. 20.1. An appeal may be dismissed for want of prosecution if the appellant is not entitled to appeal without payment of costs and fails to pay for the clerk's record. See Tex. R. App. P. 37.3(b). An appeal may be dismissed if the appellant fails to comply with a requirement of the Texas Rules of Appellate Procedure or fails to respond to a notice from the clerk of the Court requiring a response of other action within a specified time. See Tex. R. App. P. 42.3(c).
Appellant did not file an affidavit of indigence on appeal and has not shown that she is entitled to proceed without payment of costs. See generally Tex. R. App. P. 20.1. Appellant failed to comply with notices that required a response. See Tex. R. App. P. 42.3(c). We dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3.
APPEAL DISMISSED.
/s/_________
CHARLES KREGER
Justice
Submitted on February 18, 2015
Opinion Delivered February 19, 2015
Before Kreger, Horton, and Johnson, JJ.