Opinion
No. 04-17-00153-CV
05-17-2017
Roberto Carlos MENDIVES, Appellant v. Angela Rose MENDIVES, Appellee
MEMORANDUM OPINION
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CI00877
Honorable Karen Crouch, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice DISMISSED FOR WANT OF PROSECUTION
A copy of appellant's notice of appeal was filed in this court on March 17, 2017. The clerk of the court notified the appellant in writing that our records did not reflect that the filing fee in the amount of $205 was paid. On April 19, 2017, the trial court clerk filed a notification of late record stating the clerk's record had not been filed because appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the record and appellant is not entitled to appeal without paying the fee.
Because our record contains no evidence appellant is excused by statute or rule from paying the filing fee or the fee for preparing the clerk's record, see TEX. R. APP. P. 5, 20, appellant was ordered to file written proof to this court by May 5, 2017, that either: (1) the filing fee and clerk's fee for preparing the clerk's record have been paid; or (2) appellant is entitled to appeal without paying the filing fee and clerk's fee. Our order stated that if appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 5, 37.3(b), 42.3(c). Appellant failed to respond to our order. Therefore, this appeal is dismissed for want of prosecution. See id.
PER CURIAM