Opinion
No. 14-05-00815-CV
Memorandum Opinion filed March 9, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 314th District Court, Harris County, Texas, Trial Court Cause No. 04-00220J.
Dismissed.
Panel consists of Justices ANDERSON, EDELMAN, and FROST.
MEMORANDUM OPINION
This is an appeal from a judgment signed January 18, 2005. The notice of appeal was filed on February 17, 2005. No clerk's record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.
On August 22, 2005, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See Tex.R.App.P. 37.3(b). Because we were unable to determine whether appellant was indigent, we issued an order on September 29, 2005, abating the appeal and directing the trial court to hold a hearing to determine whether appellant wished to continue the appeal or if she was indigent. The trial court held a hearing on October 27, 2005. Appellant did not appear at the hearing. Counsel for the State asserted that they had given appellant notice of the hearing by sending notice to the last known address of appellant. Counsel for the State also noted that appellant did not serve her notice of appeal on the State or on the trial judge. Based on these assertions and appellant's absence, the trial court found that appellant does not desire to go forward with her appeal.
On November 1, 2005, the State filed a motion to reinstate the appeal and dismiss, noting that the trial court had held a hearing and made findings and recommendations. However, the trial court's hearing record was not filed in this court until January 27, 2006, and the supplemental clerk's record, filed on February 22, 2006, contained no findings and conclusions. The trial court orally ruled in the hearing that he found appellant did not wish to go forward with her appeal.
In the State's motion, counsel notes that she spoke with appellant after the hearing, confirmed that appellant had notice of the hearing, that she no longer wished to continue the appeal, and that she did not oppose the motion requesting dismissal. Appellant has filed no response to the State's motion.
Accordingly, we grant the State's motion and dismiss the appeal.