Denise McVea and Auris Project, Inc. v. James Michael Kissler

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00803-CV

Denise MCVEA, Appellant

v. James KISSLERAppellee James KISSLER, Appellee

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-14927 Honorable Barbara Hanson Nellermoe, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice

Delivered and Filed: February 12, 2014

DISMISSED FOR WANT OF PROSECUTION

On January 16, 2014, the trial court clerk filed a notification of late record stating that 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 that appellant is not entitled to appeal without paying

the fee. On January 16, 2014, appellant was ordered to provide written proof to this court by

January 27, 2014 that either (1) the clerk’s fee had been paid or arrangements had been made to

pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. The order

stated that if appellant failed to respond within the time provided, this appeal would be dismissed 04-13-00803-CV

for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant failed to respond to within the

time provided. Accordingly, this appeal is dismissed for want of prosecution. See id.

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