Calvert Smith v. Maggie Nance--Appeal from 37th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-07-00561-CV
Calvert SMITH,
Appellant
v.
Maggie NANCE,
Appellee
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2005-CI-12057
Honorable Barbara Hanson Nellermoe, Judge Presiding

PER CURIAM

 

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

 

Delivered and Filed: September 26, 2007

 

DISMISSED FOR WANT OF PROSECUTION

On August 6, 2007, the trial court clerk filed a notice of late record, stating that the clerk's record was not filed because appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the record and that appellant was not entitled to appeal without paying the fee. We subsequently ordered appellant to provide written proof to this court that either: (1) the clerk's fee has been paid or arrangements have been made to pay the clerk's fee; or (2) appellant is entitled to appeal without paying the clerk's fee. We cautioned appellant 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). Appellant has not filed a response and the clerk's record has not been filed. We, therefore, order this appeal dismissed for want of prosecution.

PER CURIAM