In the Interest of S.G., J.G., G.G. IV, B.G., L.C.G. and D.H.G., Children--Appeal from 81st Judicial District Court of Atascosa County

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MEMORANDUM OPINION
No. 04-04-00576-CV
IN THE INTEREST OF S. G., J.G., G.G. IV, B.G., L.C.G. and D.H.G., Children
From the 81st Judicial District Court, Atascosa County, Texas
Trial Court No. 02-10-0715-CVA
Honorable Donna S. Rayes, Judge Presiding

PER CURIAM

Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: September 29, 2004

DISMISSED FOR WANT OF PROSECUTION

On August 16, 2004, this court notified the trial court clerk that the clerk's record was late. The trial court clerk responded to our notice by stating that the clerk's record was not filed because appellants have failed to pay or make arrangements to pay the clerk's fee for preparing the record and that appellants are not entitled to appeal without paying the fee.

We, therefore, ordered Appellants Kreily Perea and Santos Ray Gonzales to provide written proof to this court by September 13, 2004 that either (1) the clerk's fee had been paid or arrangements had been made to pay the clerk's fee; or (2) Kreily Perea or Santos Ray Gonzales was entitled to appeal without paying the clerk's fee. We warned that if appellants failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

Neither Kreily Perea nor Santos Ray Gonzales has complied with our order. We, therefore, dismiss this appeal for want of prosecution.

Appellee Texas Department of Family and Protective Services has filed a motion to dismiss this appeal. We deny the motion as moot. We also note Steven J. Turner's notification of late reporter's record. As the appeal has been dismissed, Turner will no longer be responsible for preparing the reporter's record.

PER CURIAM

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