MEMORANDUM OPINION
No. 04-10-00580-CV
In the INTEREST OF S.C.M., J.L.M., & J.N.M., Children
From the 216th Judicial District Court, Bandera County, Texas
Trial Court No. FL-09-051
Honorable N. Keith Williams, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 24, 2010
DISMISSED
A notice of appeal from the trial court’s July 30, 2010 termination order was filed in this
court on August 6, 2010. Because we were not provided a copy of the notice of appeal file-
stamped in the trial court, we set a record due date of August 16, 2010, ten days after the notice
of appeal was filed in this court. See TEX. R. APP. P. 35.1(b). On August 31, 2010, the District
County Clerk of Bandera 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 not entitled to appeal without paying the fee. On September 8, 2010, we ordered appellant
to provide written proof to this court on or before October 25, 2010 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
04-10-00580-CV
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, Texas Department of Family & Protective Services, recover its costs in this appeal
from appellant.
PER CURIAM
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