In the Interest of J. M. O., a Minor Child--Appeal from 318th District Court of Midland County
Annotate this CaseCOURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
In the Interest of J. M. O.,
a Minor Child,
No. 08-03-00305-CV
Appeal from the
318th Judicial District Court
of Midland County, Texas
(TC# FM-34983)
M E M O R A N D U M O P I N I O N
This appeal is before the Court on its own motion to dismiss pursuant to Tex. R. App. P. 37.3(b), which states:
(b) If No Clerk's Record Filed Due to Appellant's Fault. If the trial court clerk failed to file the clerk's record because the appellant failed to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, the appellate court may-on a party's motion or its own initiative-dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.
On August 15, 2003, pursuant to Tex. R. App. P. 37.3(b), this Court's clerk sent Appellant a notice of the Court's intent to dismiss if, within ten days of the notice, the Appellant did not respond showing grounds to continue the appeal. No response has been received as of this date.
The Court has considered this cause and concludes the motion should be granted and the appeal should be dismissed pursuant to Tex. R. App. P. 37.3(b). We therefore dismiss the appeal.
September 18, 2003
_______________________________________
RICHARD BARAJAS, Chief Justice
Before Panel No. 4
Barajas, C.J., Larsen, and McClure, JJ.
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