DISMISS; Opinion Filed November 19, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00426-CV
IN THE INTEREST OF J.D.F., III, C.M.F., J.W.F., AND A.K.F., CHILDREN
On Appeal from the 302nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-08-21910-U
MEMORANDUM OPINION
Before Justices FitzGerald, Francis, and Myers
Opinion by Justice Myers
Although the clerk’s record in this appeal was prepared in March 2013, it has not been
filed because appellant has failed to pay the fee. See TEX. R. APP. P. 35.3(a). By letter dated
October 15, 2013, appellant was directed to file, within ten days, written verification that she had
paid or made arrangements to pay the clerk’s fee. Appellant was cautioned that, if the required
verification was not filed within the time specified, the Court might dismiss the appeal for want
of prosecution. See id. 37.3(b). To date, appellant has not responded, and the clerk’s record has
not been filed. Because nothing in our records reflects appellant is excused by statute or rule
from paying the clerk’s fee, and she has failed to pay the fee, we dismiss the appeal. See id.
37.3(b), 42.3(b).
130426F.P05
/Lana Myers/
LANA MYERS
JUSTICE
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF J.D.F., III, C.M.F., On Appeal from the 302nd Judicial District
J.W.F., AND A.K.F., CHILDREN Court, Dallas County, Texas
Trial Court Cause No. DF-08-21910-U.
No. 05-13-00426-CV Opinion delivered by Justice Myers.
Justices FitzGerald and Francis participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Kelly Reese Fisher recover his costs, if any, of this appeal
from appellant Colleen Marie Fisher.
Judgment entered this 19th day of November, 2013.
/Lana Myers/
LANA MYERS
JUSTICE
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