in the Matter of the Marriage of Charlene A. Pozyski and Terry Allen Pozyski, Sr., and the Interest of Terry Allen Pozyski, II and Christopher Arron Pozyski, Minor Children

• Court: Court of Appeals of Texas
• Decided: December 21, 2000
• Docket: 13-00-00370-CV
• Status: Published

Opinion

NUMBER 13-00-370-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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TERRY ALLEN POZYSKI, SR., Appellant

v.

CHARLENE A. POZYSKI, Appellee.

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On appeal from the 329th District Court of Wharton County, Texas.

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O P I N I O N

Before Chief Justice Seerden and Justices Dorsey and Rodriguez

Opinion Per Curiam

Appellant, TERRY ALLEN POZYSKI, SR., perfected an appeal from a judgment entered by the 329th District Court of Wharton County, Texas, in cause number 34,964-S. The notice of appeal was filed on June 13, 2000. The record was due on July 17, 2000.

On August 14, 2000, the District Clerk notified this Court 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 clerk's record. On November 13, 2000, notice was given, pursuant to Tex. R. App. P. 37.3, that this appeal would be dismissed for want of prosecution unless this defect was cured. To date, appellant has failed to respond to this Court's notice.

The Court, having examined and fully considered the documents on file, appellant's failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, this Court's notice, and appellant's failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 21^st day of December, 2000