Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00020-CV
Edward BELL,
Appellant
v.
Deborah BELL,
Appellee
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CI-18349
Honorable Richard Price, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: February 13, 2013
DISMISSED FOR WANT OF PROSECUTION
On December 28, 2012, appellant Edward Bell filed a notice of appeal from the trial
court’s judgment signed November 7, 2012. 1 The clerk’s record was due January 7, 2013, sixty
days after the judgment was signed. TEX. R. APP. P. 35.1. On January 8, 2013, the District Clerk
of Bexar County filed a notification stating the clerk’s record would not be filed because
appellant had not paid or made arrangements to pay the clerk’s fee to prepare the record and is
1
A copy of the “Amended Order Granting Deborah Bell’s Motion to Dismiss and Denying Motion for Sanctions”
attached to the Motion to Dismiss and Motion for Sanctions filed by appellee Deborah Bell on January 18, 2013
reflects that the order was signed on November 6, 2012, not November 7, 2012; regardless, the clerk’s record was
due on January 7, 2013, the Monday following the expiration of sixty days. See TEX. R. APP. P. 4.1(a).
04-13-00020-CV
not entitled to appeal without paying the fee. On January 16, 2013, we ordered appellant to
provide written proof to this court on or before January 28, 2013, that either (1) the clerk’s fee
has been paid or arrangements had been 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 responded to our order.
We therefore order this appeal dismissed for want of prosecution. See id. We further
order that appellee, Deborah Bell, recover her costs of this appeal from appellant. The Motion to
Dismiss and Motion for Sanctions filed by appellee Deborah Bell on January 18, 2013 is moot.
PER CURIAM
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