Opinion
No. 13-03-449-CV
Memorandum Opinion Delivered and Filed January 26, 2006.
On Appeal from the 36th District Court of Aransas County, Texas.
Before Chief Justice VALDEZ and Justices HINOJOSA and YAÑEZ.
MEMORANDUM OPINION
Appellants, James Warren and Lynn Warren, perfected an appeal from a judgment entered by the 36th District Court of Aransas County, Texas, in cause number A-93-0285-CV-A. No clerk's record has been filed due to appellants' failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record.
If the trial court clerk fails to file the clerk's record because the appellant failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. TEX. R. APP. P. 37.3(b).
Notice was given to all parties that this appeal was subject to dismissal pursuant to TEX. R. APP. P. 37.3(b). Appellants were given ten days to explain why the cause should not be dismissed. Appellants responded to this Court's notice; however, said response fails to establish that appellants are entitled to proceed without payment of costs.
The Court, having examined and fully considered the documents on file, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.