Sandra Leticia Garcia v. Carlos Felix Garcia

MEMORANDUM OPINION

No. 04-12-00580-CV

Sandra Leticia GARCIA,

Appellant v.

Carlos Felix GARCIA,

Appellee

From the County Court At Law No. 1, Webb County, Texas Trial Court No. 2011CVG002254-C1

Honorable Alvino (Ben) Morales, Judge Presiding PER CURIAM

Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: November 7, 2012

DISMISSED FOR WANT OF PROSECUTION

Appellant was required to pay $175.00 and $10.00 fees when she filed her notice of appeal. See TEX. R. APP. P. 5. 1 Appellant did not pay the required fees. Accordingly, the clerk of this court notified appellant by letter dated September 11, 2012, that the notice of appeal was conditionally filed and the filing fees were due no later than September 21, 2012.

On October 4, 2012, when the fees remained unpaid, this court ordered appellant to provide written proof to this court not later than October 19, 2012, that either (1) the $175.00 and $10.00 filing fees have been paid, or (2) the appellant is entitled to appeal without paying the filing fees. See id. We warned appellant that if she failed to respond as ordered, the appeal would be dismissed. See id. R. 5, 42.3; In re W.J.C., No. 04-05-00532-CV, 2005 WL 3477883, at *1 (Tex. App.—San Antonio Dec. 21, 2005, no pet.) (mem. op.).

To date, appellant has not filed any response with this court. Therefore, we dismiss this appeal for want of prosecution. See id. R. 37.3(b), 42.3(c). Costs of this appeal are taxed against appellant. See id. R. 43.4.

PER CURIAM