Opinion
No. 04-04-00577-CV
Delivered and Filed: June 1, 2005.
Appeal from the 285th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CI-11604, Honorable Martha Tanner, Judge Presiding.
Dismissed for Want of Prosecution.
Sitting: Sandee Bryan MARION, Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
The reporter's record was originally due on September 13, 2004. On November 4, 2004, the court reporter filed a Notification of Late Reporter's Record stating that the reporter's record was not filed because appellant has failed to pay or make arrangements to pay the reporter's fee for preparing the record and that appellant was not entitled to appeal without paying the fee. On November 8, 2004, this court ordered that appellant provide written proof to this court no later than November 23, 2004 that either (1) the reporter's fee has been paid or arrangements have been made to pay the reporter's fee; or (2) appellant is entitled to appeal without paying the reporter's fee. Our order also stated that if appellant failed to respond within the time provided, appellant's brief would be due within thirty days from the date of the order, and the court would consider only those issues or points raised in appellant's brief that do not require a reporter's record for a decision. See Tex.R.App.P. 37.3(c). No response was filed. Accordingly, appellant was ordered to file his brief and a motion for extension of time no later than February 10, 2005, or this appeal would be subject to dismissal for want of prosecution. See Tex.R.App.P. 38.8(a). On February 17, 2005, this court granted appellant's motion for extension of time in which to file his brief, until March 14, 2005. On March 31, 2005, this court granted appellant's second motion for an extension, until April 13, 2005. Neither the brief nor a motion for extension of time has been filed.
On April 27, 2005, this court ordered appellant to show cause no later than May 6, 2005 why this appeal should not be dismissed for want of prosecution. See Tex.R.App.P. 38.8(a). Appellant did not respond. The appeal is dismissed for want of prosecution. See Tex.R.App.P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant.