in the Interest of C.D.S., a Child

Opinion

In the Interest of CDS

IN THE

TENTH COURT OF APPEALS

No. 10-03-209-CV

IN THE INTEREST OF C.D.S., A CHILD

From the County Court at Law

Coryell County, Texas

Trial Court # 1908

MEMORANDUM OPINION

      Janie Sue Sadler appeals from an order modifying a child support obligation. The trial court did not grant all the relief she requested. The court signed the order on April 9, 2003. Sadler filed a motion for new trial, which the court denied. Accordingly, the clerk’s record was due on August 7, 2003. See Tex. R. App. P. 35.1.

      The district clerk advised the Clerk of this Court by letter dated October 10 that the clerk’s record had not been filed because Sadler had failed to pay the clerk’s fee for preparation of the record. Accordingly, the Clerk of this Court sent the following notice to Sadler on October 15, 2003:

The clerk’s record in the above cause has apparently not been filed because appellant has failed to pay or make arrangements to pay the clerk’s fee for preparation of the record. If appellant desires to proceed with this appeal, he must pay or make arrangements to pay the clerk’s fee and notify this Court of the actions taken within ten days after the date of this letter. If appellant fails to do so, this appeal will be dismissed for want of prosecution.

To date, the Court has received no response to this notice.

      Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk’s fee for preparation of the record, the Court may:

dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

Tex. R. App. P. 37.3(b).

      The trial court found that Sadler is not indigent. She has not made the necessary arrangements for the filing of the clerk’s record despite being given the opportunity to do so. Id. Accordingly, we dismiss the appeal for want of prosecution.

                                                                         PER CURIAM

Before Chief Justice Gray,

      Justice Vance, and

      Judge Allen (Sitting by Assignment)

Appeal dismissed

Opinion delivered and filed December 10, 2003

[CV06]