Opinion
No. 08-13-00282-CV
05-14-2014
Appeal from the
Probate Court No. 2
of El Paso County, Texas
(TC# 2012-CGD01716)
MEMORANDUM OPINION
This appeal is before the Court to determine whether it should be dismissed for want of prosecution. Finding that the clerk's record has not been filed due to the fault of the Appellant, Luis Miranda, we dismiss the appeal for lack of prosecution.
Rule 37.3(b) authorizes an appellate court to dismiss an appeal if the clerk's record has not been filed due to the fault of the Appellant. TEX.R.APP.P. 37.3(b). In accordance with Rule 37.3(b), the Court notified Appellant that the clerk's record had not been filed and we gave Appellant a reasonable opportunity to cure. See id. The letter further advised Appellant of the Court's intent to dismiss the appeal for want of prosecution absent a response within ten days. Appellant has not responded to our notice and the clerk's record has not been filed. Accordingly, we dismiss the appeal for want of prosecution.
YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.