R.S. v. State of Texas--Appeal from 313th District Court of Harris County

Opinion issued December 5, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00223-CV

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R. S., Appellant

V.

THE STATE OF TEXAS, Appellees

On Appeal from the 313th District Court

Harris County, Texas

Trial Court Cause No. 0109439J

O P I N I O N This is an appeal from a judgment entered January 29, 2002. No filing fee, clerk's record, reporter's record, or brief has been filed. On August 29, 2002, we abated the appeal and remanded it to the trial court to determine whether appellant still wished to prosecute the appeal. By letter dated October 10, 2002, the trial court has informed this Court that after having examined its file, it has determined that it did not have jurisdiction over the respondent because respondent was never served with notice of the charge, and that, on its own motion, it has vacated the judgment. The trial court thus concluded the appeal is moot.

On November 14, 2002, we issued an order that stated:

Notwithstanding the action taken by the trial court, appellant has not paid the filing fee and there is nothing from the trial court in our record showing that appellant is indigent. Therefore, we will dismiss this appeal November 25, 2002, unless appellant pays the filing fee and demonstrates why this case should be retained on this Court's docket given the trial court's action. See Tex. R. App. P. 5, 42.3(b), (c)).

The time for appellant to respond to this Court's November 14, 2002 order has expired and appellant has not paid the filing fee or demonstrated why this case should be retained on this Court's docket.

Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b), (c).

PER CURIAM

Panel consists of Justices Taft, Alcala, and Price. (1)

Do not publish. Tex. R. App. P. 47.

1. The Honorable Frank C. Price, former Justice, Court of Appeals, First District of Texas at Houston, participating by assignment.