in the Interest of E v. Children

MEMORANDUM OPINION

No. 04-10-00829-CV

IN THE INTEREST OF E.V., et al., Children From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2009-PA-02036

The Honorable Renée F. McElhaney, Judge Presiding PER CURIAM

Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: January 5, 2011

DISMISSED FOR WANT OF PROSECUTION

The clerk’s record was due to be filed in this appeal on October 22, 2010. The trial court clerk filed a notification of late clerk’s record stating that the clerk’s record had not been filed because appellant had failed to pay or make arrangements to pay the clerk’s fee for preparing the record and that appellant is not entitled to appeal without paying the fee. On December 7, 2010, we ordered appellant to provide written proof to this court no later than December 17, 2010, that either (1) the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. Our order stated that if appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant failed to respond to our order. Accordingly, this appeal is dismissed for want of prosecution.

PER CURIAM