Opinion
No. 04-10-00580-CV
Delivered and Filed: November 24, 2010.
Appealed from the 216th Judicial District Court, Bandera County, Texas, Trial Court No. FL-09-051, Honorable N. Keith Williams, Judge Presiding.
Dismissed.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
A notice of appeal from the trial court's July 30, 2010 termination order was filed in this court on August 6, 2010. Because we were not provided a copy of the notice of appeal file-stamped in the trial court, we set a record due date of August 16, 2010, ten days after the notice of appeal was filed in this court. See TEX. R. APP. P. 35.1(b). On August 31, 2010, the District County Clerk of Bandera 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 September 8, 2010, we ordered appellant to provide written proof to this court on or before October 25, 2010 that either (1) the clerk's fee has been paid or arrangements had been made to pay the clerk's fee; or (2) he is entitled to appeal without paying the clerk's fee. We cautioned appellant that if he failed to respond within the time provided, his 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, Texas Department of Family Protective Services, recover its costs in this appeal from appellant.