Opinion
No. 04-11-00868-CV
01-11-2012
MEMORANDUM OPINION
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 10-05-20043-CV
Honorable Camile G. Dubose, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
DISMISSED FOR WANT OF PROSECUTION
The trial court clerk filed a notification of late record, stating that the clerk's record had not been filed because appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the record and that appellant is not entitled to appeal without paying the fee. By order dated December 13, 2011, appellant was ordered to provide written proof to this court within ten days of the date of the order that either (1) the clerk's fee had been paid or arrangements had been made to pay the clerk's fee; or (2) appellant is entitled to appeal without paying the clerk's fee. The order stated that if appellant failed to respond within the time provided, the appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Because appellant failed to respond to the order, the appeal is dismissed for want of prosecution. See id.
PER CURIAM