in the Matter of D. G.

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN








NO. 03-97-00566-CV


In the Matter of D. G.






FROM THE COUNTY COURT AT LAW OF CALDWELL COUNTY

NO. 710-96CC, HONORABLE EDWARD L. JARRETT, JUDGE PRESIDING


PER CURIAM

Appellant is a non-indigent juvenile who was sentenced to one year of probation. He filed a notice of appeal July 17, 1997. The appellate filing fees in this case have never been paid, nor has a reporter's record been filed. The Clerk of this Court received a copy of correspondence from the court reporter to appellant setting out the fee required for preparation of the reporter's record, apprising him of the filing deadline and giving him the estimated time needed to complete the record. See Tex. R. App. P. 35.3(b)(3) (party requesting record must pay or make payment arrangements unless entitled to appeal without paying the fee; appellant is not entitled to appeal without paying). Appellant has never tendered a brief or motion for extension of time to file a brief. See Tex. R. App. P. 38.6(a), (d). Appellant has been notified by letter of the deficiencies, told the appeal would be dismissed unless the deficiencies were cured, and has not responded. All parties have had more than ten days notice; no one has responded. See Tex. R. App. P. 42.3. The appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).





Before Chief Justice Yeakel, Justices Jones and Smith



Appeal Dismissed for Want of Prosecution



Filed: October 1, 1998



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