In re J.A.L.

Full title: IN THE INTEREST OF J.A.L., a Child

Court: Court of Appeals of Texas, Ninth District, Beaumont

Date published: Mar 18, 2004

No. 09-03-545 CV (Tex. App. Mar. 18, 2004)

Opinion

No. 09-03-545 CV.

Opinion Delivered March 18, 2004.

On Appeal from the 253rd District Court, Liberty County, Texas, Trial Cause No. CV64291.

Appeal Dismissed.

Gary W. Bunyard, Mark Morefield Associates; Liberty for Appellant.

R. Marie Thayer, Texas Department of Protective and Regulatory Services; Houston for State.

Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.

MEMORANDUM OPINION¹

1 § 47.4.

PER CURIAM.

On January 6, 2004, appellee, the Texas Department of Protective and Regulatory Services, filed a motion to dismiss the appeal for want of prosecution. We abated the appeal for a hearing to determine whether the appellant was deprived of a free record due to ineffective assistance of counsel. The trial court found that the appellant was not indigent. We reinstated the appeal and set a due date for filing the record. The record was not filed by the March 2, 2004 due date, nor did the appellant respond to the appellee's motion to dismiss the appeal for want of prosecution. The appellant is not entitled to proceed without payment of costs. 20. There being no satisfactory explanation for the failure to timely file the record, the appellee's motion to dismiss is granted. The appeal is dismissed for want of prosecution. § 37.3(b). Costs are assessed against appellant.