Michael Clark v. Cynthia L. Henning

 

 

MEMORANDUM OPINION

 

 

No. 04-04-00692-CV

 

Michael CLARK,

Appellant

 

v.

 

Cynthia L. HENNING,

Appellee

 

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CI-03990

Honorable Martha Tanner, Judge Presiding

 

 

PER CURIAM

 

Sitting:            Catherine Stone, Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

 

Delivered and Filed: January 11, 2006

 

DISMISSED FOR WANT OF PROSECUTION

 

            On August 24, 2005, this court issued an order directing appellant to provide written proof to this court, no later than September 1, 2005, that the reporter’s fee has been paid or arrangements have been made to pay the reporter’s fee. Our order informed appellant that if he failed to respond within the time provided, his brief would be due within thirty (30) days and the court would consider only those issues raised in appellant’s brief that do not require a reporter’s record for a decision. See Tex. R. App. P. 37.3(c). Finally, we advised appellant that no further extensions to pay or make arrangements to pay for the reporter’s record would be granted. Appellant did not respond. Accordingly, on October 13, 2005, this court ordered appellant to file his brief and a motion for extension of time no later than November 11, 2005, or this appeal would be subject to dismissal for want of prosecution. See Tex. R. App. P. 38.8(a). Neither the brief nor a motion have been filed. On November 30, 2005, this court ordered appellant to show cause no later than December 12, 2005 why this appeal should not be dismissed for want of prosecution. See Tex. R. App. P. 38.8(a). Appellant did not respond. The appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant.

 

PER CURIAM