Feldon Bonner II v. Saul Austin

Opinion

Opinion issued January 3, 2013

In The

Court of Appeals

For The

First District of Texas

NO. 01-09-01059-CV

____________

FELDON BONNER II, Appellant V.

SAUL AUSTIN AND LINDA MAY AUSTIN, Appellees

On Appeal from the 280th District Court Harris County, Texas

Trial Court Cause No. 2007-51857

MEMORANDUM OPINION

Appellant, Feldon Bonner II, has not filed a clerk’s record. We dismiss the appeal for want of prosecution.

On July 24, 2012, we issued an order stating that appellant had not established indigence for purposes of appellate costs and directing that appellant file, within 30 days, written evidence that he had paid, or had made arrangements to pay, the fee for preparing the clerk’s record. See TEX. R. APP. P. 20.1; In re Arroyo, 988 S.W.2d 737, 739 (Tex. 1998). Appellant did not respond and no clerk’s record has been filed.

On October 10, 2012, we notified appellant that this appeal was subject to dismissal unless, within 10 days, he filed written proof from the district clerk’s office that he had paid, or had made arrangements to pay, the fee for preparing the clerk’s record. See TEX. R. APP. P. 37.3(b) (allowing dismissal of appeal if no clerk’s record filed due to appellant’s fault), 42.3(b) (allowing involuntary dismissal). Appellant did not adequately respond.

Accordingly, we dismiss the appeal for want of prosecution. We dismiss all pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Bland and Huddle.