Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00003-CV
IN THE INTEREST OF C.C., a Child
From the 198th Judicial District Court, Kimble County, Texas
Trial Court No. DCV-2012-1292
Honorable Susan Hern, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: March 5, 2014
DISMISSED FOR WANT OF PROSECUTION;
MOTION TO DISMISS DENIED AS MOOT
The clerk’s record was originally due on February 3, 2014. On January 31, 2014, the trial
court clerk filed a Notification of Late Record, stating the clerk’s record would not be filed because
appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the record
and that appellant is not entitled to appeal without paying the fee. On February 3, 2014, appellee
filed a motion to dismiss on the grounds that appellant’s notice of appeal was untimely.
Because the clerk’s record had not yet been filed, on February 4, 2014, this court ordered
appellant to provide written proof to this court no later than February 14, 2014 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 cautioned appellant that if he failed
04-14-00003-CV
to file such written proof within the time provided, this appeal would be dismissed for want of
prosecution. See TEX. R. APP. P. 37.3(b).
Appellant has not responded; therefore, this appeal is dismissed for want of prosecution.
Appellee’s motion to dismiss is denied as moot.
PER CURIAM
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