in the Interest of E v. Children

Opinion

MEMORANDUM OPINION No. 04-10-00829-CV

IN THE INTEREST OF E.V., et al., Children

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2009-PA-02036 The Honorable Renée F. McElhaney, Judge Presiding

PER CURIAM

Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: January 5, 2011

DISMISSED FOR WANT OF PROSECUTION

The clerk’s record was due to be filed in this appeal on October 22, 2010. The trial court

clerk filed a notification of late clerk’s 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 December 7, 2010,

we ordered appellant to provide written proof to this court no later than December 17, 2010, 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. Our order stated that if

appellant failed to respond within the time provided, this appeal would be dismissed for want of 04-10-00829-CV

prosecution. See TEX. R. APP. P. 37.3(b). Appellant failed to respond to our order. Accordingly,

this appeal is dismissed for want of prosecution.

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