Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00680-CV
Denise MCVEA,
Appellant
v.
James KELLER,
Appellee
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-11896
Honorable Janet P. Littlejohn, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: November 27, 2013
DISMISSED FOR WANT OF PROSECUTION
On October 14, 2013, the trial court sustained the contests to appellant’s Affidavit of
Inability to Pay Costs on Appeal. The clerk’s record and reporter’s record were due on October
22, 2013. Accordingly, on October 23, 2013, this court informed appellant that if she desired a
reporter’s record, and had not already done so, she must (1) request in writing, no later than
November 4, 2013, that a reporter’s record be prepared and (2) designate in writing, no later than
November 4, 2013, the exhibits and those portions of the record to be included in the reporter’s
record. The appellant was ordered to file a copy of the request with both the trial court clerk and
04-13-00680-CV
this court no later than November 4, 2013. We also ordered appellant to provide written proof to
this court no later than November 4, 2013 that the reporter’s fee had been paid or arrangements
had been made to pay the reporter’s fee. On October 29, 2013, this court ordered appellant to
provide written proof to this court no later than November 8, 2013 that the clerk’s fee had been
paid or arrangements had been made to pay the clerk’s fee. Our order cautioned appellant that if
she failed 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).
On October 29, 2013, appellant filed a Motion for Extension of Time to File Amended
Affidavit of Indigence. In her motion, appellant did not acknowledge the trial court’s ruling or our
orders. Because the trial court had already sustained contests to appellant’s request for a free
record on appeal, we issued an order on November 6, 2013, denying appellant’s motion. In our
order, we ordered appellant to designate the reporter’s record and provide written proof to this
court that the clerk’s fee and reporter’s fee had been paid or arrangements had been made to pay
the clerk’s fee and reporter’s fee no later than November 11, 2013. Our order informed appellant
that if she did not comply with our order by November 11, 2013, this appeal would be dismissed
for want of prosecution. Appellant has not responded. Therefore, this appeal is dismissed for want
of prosecution.
PER CURIAM
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