Court of Civil Appeals of Texas, 2002

Clyde Dennis Glenn v. Sharon Jane Glenn

Clyde Dennis Glenn v. Sharon Jane Glenn
Court of Civil Appeals of Texas · Decided October 10, 2002

Clyde Dennis Glenn v. Sharon Jane Glenn

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-02-00446-CV


Clyde Dennis Glenn, Appellant


v.



Sharon Jane Glenn, Appellee








FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT

NO. 14,482, HONORABLE JOE CARROLL, JUDGE PRESIDING


Appellant filed his notice of appeal on June 18, 2002. By letter of July 29, 2002, this Court notified the district-court clerk and the court reporter that the clerk's record and reporter's record were overdue. Each notified us that appellant had not made any payment arrangements for the record. See Tex. R. App. P. 35.3(a)(2), (b)(3) (satisfactory payment arrangements must be made before clerk and reporter become responsible for preparing record). Appellant did not file an affidavit of indigence either in the trial court or in this Court before or with his notice of appeal. See Tex. R. App. P. 20.1(c); Ford v. Whitehead, 2 S.W.3d 304, 306 (Tex. App.--San Antonio 1999, order). This Court notified appellant that he had to make payment arrangements for the record by August 26, 2002, or his appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b) (no clerk's record filed due to appellant's fault after opportunity to cure given). Appellant has not cured the failure to make payment arrangements. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b).



Marilyn Aboussie, Chief Justice

Before Chief Justice Aboussie, Justices Patterson and Puryear



Dismissed for Want of Prosecution



Filed: October 10, 2002



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