In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-20-00060-CV
IN THE INTEREST OF V.G.R., A CHILD
On Appeal from the 330th District Court
Dallas County, Texas
Trial Court No. DF-16-14180
Before Morriss, C.J., Burgess and Stevens, JJ.
Memorandum Opinion by Justice Stevens
MEMORANDUM OPINION
Frank Rodriguez, appellant, filed a notice of appeal in this matter on July 22, 2020.1 The
clerk’s record was due to be filed with this Court on or before September 8, 2020. Rodriguez is
not indigent and is thus responsible for paying or making adequate arrangements to pay the
clerk’s fee for preparing the record. See TEX. R. APP. P. 37.3(b). The district clerk has informed
this Court that the fee has not been paid for the preparation of the clerk’s record.
By letter dated September 18, 2020, Rodriguez was provided with notice of and an
opportunity to cure this defect. See TEX. R. APP. P. 42.3(b), (c). The clerk’s letter further
warned Rodriguez that, if he did not submit an adequate response to the notice by September 28,
2020, this appeal would be subject to dismissal for want of prosecution and for failure to comply
with the above-cited rules. Rodriguez has not paid for the preparation of the clerk’s record and
has not filed proof of indigency. See TEX. R. APP. P. 20.1. Further, we have received no
communication from Rodriguez responsive to the September 18 correspondence. Accordingly,
this appeal is ripe for dismissal.2
1
Originally appealed to the Fifth Court of Appeals in Dallas, this case was transferred to this Court by the Texas
Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.
2
Rodriguez has likewise not filed a docketing statement in accordance with Rule 32.1 of the Texas Rules of
Appellate Procedure, see TEX. R. APP. P. 32.1, and has not tendered the mandatory $205.00 filing fee associated
with the appeal. See TEX. R. APP. P. 5.
2
Pursuant to Rules 42.3, subsections (b) and (c), of the Texas Rules of Appellate
Procedure, we dismiss this appeal for want of prosecution.
Scott E. Stevens
Justice
Date submitted: October 13, 2020
Date decided: October 14, 2020
3
in the Interest of V.G.R., a Child
Combined Opinion