Opinion
No. 01-05-00366-CV
Opinion Issued July 7, 2005.
On Appeal from the 157th District Court, Harris County, Texas, Trial Court Cause No. 2003-20356.
Panel consists of Chief Justice RADACK and Justices NUCHIA and KEYES.
MEMORANDUM OPINION
Appellant, David Locklear, filed timely notice that he was appealing the trial court's judgment in this case. Appellant has not filed an affidavit of indigence and has paid the filing fee. The appellate record was due on May 13, 2005. The clerk's record was filed on April 20, 2005. On May 2, 2005, the court reporter informed this Court that she has not been contacted by appellant. Appellant has not filed a motion to extend time to file the reporter's record.
On June 16, 2005, appellee, Connie S. Anderson, filed a motion to dismiss this appeal for want of prosecution on the ground that appellant has not filed a reporter's record. Appellant has not responded to appellee's motion.
Generally, an appellant's failure to file a reporter's record does not justify dismissal of the appeal. See Tex.R.App.P. 37.3(c); Samara v. Samara, 52 S.W.3d 455, 457 (Tex.App.-Houston [1st Dist.] 2001, pet. denied). In such a case, if a clerk's record has been filed, the appellate court may consider and decide issues or points that do not require a reporter's record. Tex.R.App.P. 37.3(c). However, in this case, appellant has not filed a brief. Therefore, we have nothing to review.
Accordingly, this appeal is dismissed for want of prosecution.