MEMORANDUM OPINION
No. 04-09-00594-CV
IN THE MATTER OF M.A.G.
From the 289th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-JUV-01723
Honorable Carmen Kelsey, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: February 3, 2010
DISMISSED FOR WANT OF PROSECUTION
On October 29, 2009, the court reporter responsible for this cause filed a notification of
late record stating that the reporter’s record has not been filed because appellant has failed to pay
or make arrangements to pay the reporter’s fee for preparing the record and appellant is not
entitled to appeal without paying the fee.
Therefore, on November 9, 2009 we ordered appellant to provide written proof to this
court that either (1) the reporter’s fee has been paid or arrangements have been made to pay the
reporter’s fee; or (2) appellant is entitled to appeal without paying the reporter’s fee. We warned
appellant that upon failure to respond within the time provided, appellant’s brief will be due
within thirty (30) days from the date of this order, and we would only consider those issues or
04-09-00594-CV
points raised in appellant’s brief that do not require a reporter’s record for a decision. See TEX.
R. APP. P. 37.3(c).
Because we received no response, Appellant’s brief was due to be filed with this court on
December 9, 2009. No brief was filed. On December 23, 2009, we ordered that appellant show
cause in writing within fifteen days why this appeal should not be dismissed for want of
prosecution. See TEX. R. APP. P. 38.8(a). We received no response. The appeal is, therefore,
dismissed for want of prosecution. See TEX. R. APP. P. 38.8(a)(1), 42.3(b).
PER CURIAM
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