Javier C. Gamez v. Judge Manuel R. Flores and Mrs. Manuel R. Flores (Also Known as Virginia R. Flores)

• Court: Court of Appeals of Texas
• Decided: October 18, 2006
• Docket: 04-06-00563-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-06-00563-CV

Javier C. GAMEZ,

Appellant

v.

Judge Manuel R. FLORES and Mrs. Manuel R. Flores (also known as Virginia R. Flores),

Appellees

From the111th Judicial District Court, Webb County, Texas

Trial Court No. 2005-CVQ-001751-D2-A

Honorable David Peeples , Judge Presiding

PER CURIAM

Sitting: Alma L. López , Chief Justice

Catherine Stone , Justice

Rebecca Simmons , Justice

Delivered and Filed: October 18, 2006

DISMISSED FOR WANT OF PROSECUTION

On September 5, 2006, we notified appellant that the trial court clerk had filed a notification of late clerk's record, stating that the clerk's record has not been filed because appellant has failed to pay or make arrangements to pay the clerk's fee for preparing the record and appellant is not entitled to appeal without paying the fee. We, therefore, ORDERED appellant to provide written proof to this court on or before September 15, 2006 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. We warned that if appellant failed to respond within the time provided, this appeal will be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). As of this date, appellant has failed to either comply with or respond to this order. Therefore, we dismiss the appeal. See Tex. R. App. P. 42.3(c). Costs of appeal are taxed against appellant.