Opinion
No. 05-10-01564-CV
Opinion Filed August 1, 2011.
On Appeal from the 256th District Court Dallas County, Texas, Trial Court Cause No. DF-07-16175-Z.
Before Chief Justice WRIGHT and Justices O'NEILL and LANG-MIERS.
MEMORANDUM OPINION
The clerk's record was due in this case on November 19, 2010. On March 2, 2011, we ordered the Dallas County District Clerk to file by March 17, 2011 either the clerk's record or written verification that appellant has not been found to be indigent and has not paid for the record. We cautioned appellant that if we received verification of non-indigence and non-payment, we will, without further notice, dismiss the appeal. See Tex. R. App. P. 37.3(b).
On March 30, 2011, we received a letter from the district clerk stating the clerk's record had been prepared and was being held for payment of $157. On April 13, 2011, we sent appellant a letter requiring that appellant provide the Court within ten days either written verification that appellant has paid or made arrangements to pay the clerk's fee or written documentation that appellant has been found entitled to proceed without payment of costs. We warned appellant that if we did not receive the required documentation within the time specified, the Court may dismiss the appeal for want of prosecution. Since then, appellant has not provided the written verification of payment or written documentation of entitlement to proceed without payment of costs, nor has the clerk's record been filed. Accordingly, on the Court's own motion, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b).