In the Interest of Roque Aguilar, Jr., Regina Yvette Martinez, and Mark Anthony Aguilar, Children--Appeal from 63rd Judicial District Court of Val Verde County
Annotate this CaseIn the INTEREST OF R.A., R.Y.M., and M.A.A.,
From the 63rd Judicial District Court, Val Verde County, Texas
Trial Court No. 21,868
Honorable George M. Thurmond, Judge Presiding
PER CURIAM
Sitting: Phil Hardberger, Chief Justice
Sarah B. Duncan, Justice
Karen Angelini, Justice
Delivered and Filed: December 23, 1998
APPEAL DISMISSED FOR WANT OF PROSECUTION
Roque Aguilar, Sr. filed a notice of a restricted appeal on October 19, 1998. The record was therefore due thirty days later, on November 18, 1998. Tex. R. App. P. 35.1(c). On October 27, 1998, the County Clerk of Val Verde County, the person responsible for filing the clerk's record, filed a notification of late record, stating the clerk's record would not be filed because Aguilar had not paid or made arrangements to pay the clerk's fee to prepare the record and is not entitled to appeal without paying the fee.
On November 5, 1998, we ordered Aguilar to provide written proof to this court on or before November 30, 1998 that either (1) the clerk's fee has been paid or arrangements have been made to pay the clerk's fee; or (2) he is entitled to appeal without paying the clerk's fee. We cautioned Aguilar that if he failed to respond within the time provided, his appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Aguilar has not filed a response.
We therefore order this appeal is dismissed for want of prosecution. We further order that appellee, the Attorney General of the State of Texas, recover its costs of this appeal from Roque Aguilar, Sr.
PER CURIAM
DO NOT PUBLISH
In the INTEREST OF R.A., R.Y.M., and M.A.A.,
From the 63rd Judicial District Court, Val Verde County, Texas
Trial Court No. 21,868
Honorable George M. Thurmond, Judge Presiding
BEFORE CHIEF JUSTICE HARDBERGER, JUSTICE DUNCAN, AND JUSTICE ANGELINI
In accordance with this Court's opinion of this date, the appeal is DISMISSED. All costs are ORDERED assessed against appellant, Roque Aguilar, Sr.
SIGNED December 28, 1998.
SARAH B. DUNCAN
JUSTICE
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