Opinion
No. 04-12-00222-CV
05-23-2012
IN THE INTEREST OF N.M.I. and S.E.I., Children
MEMORANDUM OPINION
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CI-08071
Honorable Janet P. Littlejohn, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
DISMISSED FOR WANT OF PROSECUTION
On February 13, 2012, appellant Mary Frances DiNapoli filed a notice of appeal from the trial court's judgment signed February 9, 2012. The clerk's record was due April 9, 2012, sixty days after the judgment was signed. TEX. R. APP. P. 35.1. On April 17, 2012, the District Clerk of Bexar County, filed a notification stating the clerk's record would not be filed because appellant had not paid or made arrangements to pay the clerk's fee to prepare the record and is not entitled to appeal without paying the fee. On April 18, 2012, we ordered appellant to provide written proof to this court on or before April 30, 2012, that either (1) the clerk's fee has been paid or arrangements had been made to pay the clerk's fee; or (2) she is entitled to appeal without paying the clerk's fee. We cautioned appellant that if she failed to respond within the time provided, her appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant has not filed a response.
We therefore order this appeal dismissed for want of prosecution. We further order that appellee, F.H.I., recover his costs in this appeal from appellant Mary Frances DiNapoli.
PER CURIAM