Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00535-CV
Fernando ARIAS,
Appellant
v.
Erica Jo ARIASAppellee
Erica Jo ARIAS,
Appellee
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2013-CI-04141
Honorable John D. Gabriel, Jr., Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: October 9, 2013
DISMISSED FOR WANT OF PROSECUTION
On July 3, 2013, appellant filed a notice of appeal from the trial court’s judgment signed
June 6, 2013. The record was due August 5, 2013, sixty days after the judgment was signed. See
TEX. R. APP. P. 35.1. On August 7, 2013, the District Clerk of Bexar County filed a notification
of late record stating the clerk’s record had not been filed because appellant had not paid or made
arrangements to pay the clerk’s fee to prepare the record and is not entitled to appeal without
paying the fee. On August 9, 2013, we ordered appellant to provide written proof to this court on
or before August 19, 2013, that either (1) the clerk’s fee has been paid or arrangements had been
04-13-00535-CV
made to pay the clerk’s fee; or (2) he is entitled to appeal without paying the clerk’s fee. We
cautioned appellant that if he failed to respond within the time provided, his appeal would be
dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant has not filed a response.
We therefore order this appeal dismissed for want of prosecution. We further order that
appellee, Erica Jo Arias, recover her costs of this appeal from appellant.
PER CURIAM
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