Clayton Eugene Reeves v. Cynthia Sue Reeves--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-99-337-CV

CLAYTON EUGENE REEVES,

Appellant

v.

CYNTHIA SUE REEVES,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court # 99-2273-1

MEMORANDUM OPINION

Appellant Clayton Eugene Reeves filed a pro se notice of appeal on October 18, 1999 seeking review of a decree signed on October 8. Because he did not file a motion for new trial, the record was due on December 7. Tex. R. App. P. 35.1. On November 5, the district clerk notified Reeves that the clerk s record would not be prepared until he had paid the clerk s fee for preparing the record or filed an indigence affidavit. Appellate Rule 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk s fee for preparation of the record, the Court may dismiss the appeal for want of prosecution. Id. 37.3(b).

We notified Reeves by letter dated December 15 that his appeal was subject to dismissal for want of prosecution unless he made the necessary arrangements with the district clerk. Id. 37.3(b), 42.3, 44.3. He has responded to our letter informing us that he will not be able to pursue this at this time. Therefore, this appeal is dismissed for want of prosecution. Id. 37.3(b).

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed December 29, 1999

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