DISMISS and Opinion Filed April 2, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01111-CV
IN THE INTEREST OF T.L.R AND A.R.R
On Appeal from the 330th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 09-12373
MEMORANDUM OPINION
Before Justices Moseley, O'Neill, and Lewis
Opinion by Justice Lewis
By letter dated August 13, 2012 we notified appellant the $175 filing fee in this case was
due. We directed appellant to pay the fee within ten days and cautioned appellant that failure to
do so would result in the dismissal of the appeal. The same day, we notified appellant the
docketing statement had not been filed. On August 23, 2012, appellant filed his docketing
statement indicating that he was not indigent. On February 11, 2013 we ordered the Dallas
County District Clerk to either file the clerk’s record or written verification that appellant had not
paid or made arrangements to pay for the record. In the same order, we notified appellant that if
we received verification he was not indigent and had not paid for the record, we would dismiss
the appeal without further notice. On March 1, 2013, the Dallas County District Clerk’s office
informed the Court that the clerk’s record had been prepared but not filed because appellant had
not paid for the record. To date, appellant has not paid the filing fee, provided the Court with
proof of payment or arrangements to pay for the clerk’s record, contradicted his docketing
statement indicating he is not indigent, or otherwise corresponded with the Court regarding the
status of this appeal.
Accordingly, we dismiss this appeal for want of prosecution. See TEX. R. APP. P. 37.3(b);
42.3(b),(c).
/David Lewis/
DAVID LEWIS
JUSTICE
121111F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF T.L.R AND A.R.R, On Appeal from the 330th Judicial District
CHILDREN Court, Dallas County, Texas
Trial Court Cause No. 09-12373.
05-12-01111-CV Opinion delivered by Justice Lewis.
Justices Moseley and O'Neill participating.
In accordance with this Court’s opinion of this date, this appeal is DISMISSED.
It is ORDERED that appellee Kara Rafferty recover her costs of this appeal from
appellant Richard Rafferty.
Judgment entered this 2nd day of April, 2013.
/David Lewis/
DAVID LEWIS
JUSTICE
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