Opinion
No. 14-03-01445-CV.
Memorandum Opinion filed March 18, 2004.
On Appeal from the 334th District Court, Harris County, Texas, Trial Court Cause No. 02-62278.
Dismissed.
Panel consists of Justices FOWLER, EDELMAN, and SEYMORE.
MEMORANDUM OPINION
This is an appeal from a judgment signed November 24, 2003. No clerk's record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record.
On February 5, 2004, notification was transmitted to all parties of the Court's intent to dismiss the appeal for want of prosecution unless, within fifteen days, appellant paid or made arrangements to pay for the record and provided this court with proof of payment. See § 37.3(b).
Appellant filed no response.
On February 20, 2004, appellees filed a motion to dismiss and motion for sanctions. Appellees claim the appeal should be dismissed because the notice of appeal was not timely filed, and appellant has not paid for the clerk's record or the appellate filing fee. Appellees also seek sanctions for a frivolous appeal. We grant the motion to dismiss. We decline to assess sanctions.
Accordingly, the appeal is ordered dismissed.