Opinion
No. 14-05-00607-CV
Memorandum Opinion filed August 11, 2005.
On Appeal from the County Court at Law, Austin County, Texas, Trial Court Cause No. 2003L-3194.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices YATES and ANDERSON.
MEMORANDUM OPINION
This is an appeal from a final decree of divorce signed March 2, 2005. No clerk's record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not establish indigence or make arrangements to pay for the record. On July 11, 2005, notification was transmitted to all parties of the court's intention 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 TEX. R. APP. P. 37.3(b). Appellant filed no response.
In addition, to date, appellant has not paid the $125.00 appellate filing fee. See TEX. R. APP. P. 5 (requiring payment of fees in civil cases unless indigent); TEX. R. APP. P. 20.1 (listing requirements for establishing indigence); see also Order Regarding Fees Charged in Civil Cases in the Supreme Court and the Courts of Appeals, Misc. Docket No. 98-9120 (Tex. Jul. 21, 1998) (listing fees in court of appeals); TEX. GOV'T CODE ANN. § 51.207 (Vernon Supp. 2004-05) (same). After being notified that this appeal was subject to dismissal, appellant did not respond.
Accordingly, the appeal is ordered dismissed. See Tex.R.App.P. 37.3(b) (allowing involuntary dismissal for non-payment for preparation of the clerk's record); TEX. R. APP. P. 42.3(c) (allowing involuntary dismissal because appellant has failed to comply with notice from clerk requiring response or other action within specified time).