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MEMORANDUM OPINION
No. 04-09-00221-CV
IN THE INTEREST OF M.O., A Minor Child
From the 225th District Court, Bexar County, Texas
Trial Court No. 2003-EN5-06320
Honorable Delia E. Carian, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Delivered and Filed: July 8, 2009
DISMISSED
The clerk’s record was due on April 13, 2009. On April 28, 2009, this court ordered
appellant to provide written proof to this court that either (1) the clerk’s fee has been paid or
arrangements have 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 prosecution. See TEX . R. APP . P. 37.3(b). Appellant did
not respond to our order. Also, a filing fee of $175.00 was due from appellant when this appeal was
filed but was not paid. See TEX . GOV ’T CODE ANN . §§ 51.207(b)(1), 51.941(a)(1) (Vernon 2005);
TEXAS SUPREME COURT ORDER REGARDING FEES CHARGED IN CIVIL CASES IN THE SUPREME
04-09-00221-CV
COURT AND THE COURTS OF APPEALS (July 21, 1998) § B.1.(a). The clerk of the court notified
appellant of this deficiency in a letter dated April 17, 2009. The fee remains unpaid. Rule 5 of the
Texas Rules of Appellate Procedure provides:
A party who is not excused by statute or these rules from paying costs must pay – at
the time an item is presented for filing – whatever fees are required by statute or
Supreme Court order. The appellate court may enforce this rule by any order that is
just.
TEX . R. APP . P. 5.
Accordingly, on June 2, 2009, this court ordered appellant to provide written proof to this
court that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s
fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. We also ordered appellant
to either (1) pay the applicable filing fee or (2) provide written proof to this court that he is excused
by statute or the Rules of Appellate Procedure from paying the fee. See TEX . R. APP . P. 20.1
(providing that indigent party who complies with provisions of that rule may proceed without
advance payment of costs). Our order informed appellant that if he failed to respond satisfactorily
within the time ordered, this appeal would be dismissed. See TEX . R. APP . P. 42.3. No response has
been filed. Accordingly, this appeal is dismissed. Costs of appeal are taxed against appellant.
PER CURIAM
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