TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-01-00488-CV

Kimberly J. Reynolds, Appellant v. Kenneth James Reynolds, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. FM002304, HONORABLE JOHN HATHAWAY, JUDGE PRESIDING

On June 1, 2001, Kimberly J. Reynolds filed a notice of appeal. She did not pay the necessary filing fees for the appeal, nor did she make payment arrangements for the record. In her notice of appeal, she stated, “I have no money.” By letter of September 19, 2001, this Court notified appellant that she needed to amend her notice of appeal to include a proper affidavit of indigence.

Tex. R. App. P. 20 (requirements of affidavit of indigence); see In re J.W., 52 S.W.3d 730, 733 (Tex. 2001) (court should give opportunity to amend defective document before dismissing). The letter set a deadline of October 1, 2001, and informed appellant that if she did not either file a proper affidavit or pay the necessary fees, the appeal would be dismissed. To date, appellant has not responded.

Accordingly, we dismiss the appeal. Tex. R. App. P. 42.3(b), (c).

Bea Ann Smith, Justice Before Chief Justice Aboussie, Justices B. A. Smith and Puryear Dismissed for Want of Prosecution Filed: December 6, 2001 Do Not Publish