Mary Jewel Moore v. Jackie Dee Wayne Farrell--Appeal from 288th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00718-CV
Mary Jewell MOORE,
Appellant
v.
Jackie Dee Wayne FARRELL,
Appellee
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-CI-10055
Honorable Frank Montalvo, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: December 10, 2003

DISMISSED

On September 25, 2003, Mary Jewel Moore timely filed a notice of appeal from the trial court's judgment signed June 27, 2003. The record was therefore due October 27, 2003. See Tex. R. App. P. 35.1. However, both the district court clerk and the court reporter filed notifications of late record stating that the record had not been filed because appellant has not paid or made arrangements to pay the clerk's and court reporter's fees to prepare the record and appellant is not entitled to appeal without paying the fees. On November 10, 2003, we therefore ordered Moore to provide written proof to this court on or before November 20, 2003, that either (1) the clerk and court reporter have been paid or arrangements satisfactory to the clerk and reporter have been made to pay the fees; or (2) appellant is entitled to appeal without paying the clerk's and reporter's fees. See Tex. R. App. P. 20.1 and 35.3(a). We cautioned Moore that if she failed to respond within the time provided, her appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Moore has not filed a response and the record has not been filed.

We therefore order this appeal dismissed for want of prosecution. We further order that all costs of this appeal are assessed against appellant Mary Jewell Moore.

PER CURIAM