Opinion
No. 05-09-00781-CV
Opinion Filed January 7, 2010.
On Appeal from the County Court at Law No. 2 Dallas County, Texas, Trial Court Cause No. CC-07-01835-B.
Before Justices BRIDGES, LANG, and LANG-MIERS.
MEMORANDUM OPINION
The clerk's record was due in this appeal on July 29, 2009. By letter dated August 3, 2009, the Dallas County Clerk informed appellants that the clerk's record had been prepared and would be filed with the Court upon appellants' payment of seventy-eight dollars. On September 1, 2009, the Clerk of the Court transmitted a letter to the county clerk, with a copy to appellants, notifying the county clerk that the record was overdue. In response, in a letter dated September 15, 2009, the county clerk notified the Court that appellants had not paid for the clerk's record.
On November 17, 2009, the Clerk of the Court mailed appellants a letter notifying them that the Court had received notice from the county clerk stating that the clerk's record had not been filed because they had not paid, or arranged to pay, for the record. The Clerk's letter directed appellants to provide the Court, within ten days, with either written verification showing they had paid or arranged to pay for the record or written documentation showing they had been found to be entitled to proceed without paying costs. The Clerk's letter warned appellants that failure to provide the requested documentation might result in dismissal of the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). Our records do not show appellants have filed any response and the clerk's record has not been filed.
As part of their July 8, 2009 notice of appeal, appellants' requested a ninety-day extension of time to file "the Brief and request of the transcripts docket request" so that the parties might resolve their dispute among themselves. Because appellant's brief is not yet due, and the ninety days of relief requested has long expired, the Court DENIES AS MOOT the requested relief.
We DISMISS the appeal for want of prosecution. See Tex. R. App. P. 42.3 (b), (c).