In the Interest of R.S., E.S., S.S., and D.S., Children--Appeal from 19th District Court of McLennan County

State: Texas

Court: Texas Northern District Court

Docket No: 10-98-00242-CV

Case Date: 09/23/1998

Preview:In the Interest of R.S., E.S., S.S., and D.S., Children-Appeal from 19th District Court of McLennan County
98246CV.Brooks,Paul.ab.pcd /**/ IN THE TENTH COURT OF APPEALS

No. 10-98-242-CV

IN THE INTEREST OF R.S., E.S., S.S., AND D.S., CHILDREN

From the 19th District Court McLennan County, Texas Trial Court # 95-936-1 MEMORANDUM OPINION Appellant Kaltina Spencer filed a pro se notice of restricted appeal in this Court on July 17, 1998. See Tex. R. App. P. 26.1(c). Accordingly, the record was due on August 17. Id. 35.1(c). On August 13, the Court received notice from the district clerk that the clerk s record has not been filed because Spencer has not paid or made arrangements to pay the clerk s fee for preparing the record. Appellate Rule 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk s fee for preparation of the record, the Court may: dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

Id. 37.3(b). More than thirty days have passed since the clerk s record was due. We notified Spencer of this defect by letter on September 3. Id. 37.3(b), 42.3, 44.3. She has not responded to our letter showing she has paid or made arrangements to pay the clerk s fee, nor has she filed an affidavit of indigence demonstrating her entitlement to proceed without payment of costs. Id. 20.1, 37.3(b), 42.3. Therefore, this appeal is dismissed for want of prosecution. Id. 37.3(b). PER CURIAM

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Before Chief Justice Davis, Justice Cummings, and Justice Vance Dismissed for want of prosecution Opinion delivered and filed September 23, 1998 Do not publish

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