In the Interest of S.M.--Appeal from Probate Court No 3 of Harris County

Dismissed and Memorandum Opinion filed July 3, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-06-01057-CV

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IN THE INTEREST OF S.M.

On Appeal from the Probate Court No. 3

Harris County, Texas

Trial Court Cause No. 129,211

M E M O R A N D U M O P I N I O N

This is an accelerated appeal from an order for mental health services signed November 22, 2006. Appellant is represented by Tom Zakes. The clerk=s record was filed on November 30, 2006, with a notation that it was prepared without advance payment of costs. The court reporter, Robin (Kulhanek) Day, notified this court that she had not been requested to prepare a reporter=s record in this case. In addition, our records show that appellant has neither established indigence nor paid the $125.00 appellate filing fee. See Tex. R. App. P. 5 (requiring payment of fees in civil cases unless indigent). Appellant was notified that the appellate filing fee was due on November 29, 2006, and on January 4, 2007. Appellant filed no response.

On January 3, 2007, the court sent a notice to the parties stating that unless appellant provided proof within 15 days that she had requested the reporter=s record and paid for its preparation, if not indigent, then the appeal would be considered without a reporter=s record. No response was filed.

The court abated the appeal and directed the trial court to conduct a hearing to determine whether appellant was indigent and entitled to proceed without advance payment of costs and receive a free reporter=s record or whether appellant no longer wished to continue the appeal. On May 30, 2007, the trial court forwarded an order to this court in which the court found that appellant no longer wished to pursue this appeal. The trial court the dismissed the motion to determine indigence.

On June 4, 2007, this court notified appellant that unless appellant filed a response within ten days demonstrating meritorious grounds for continuing the appeal, the court would consider dismissal of the appeal on its own motion for want of prosecution. See Tex. R. App. P. 42.3(b). Appellant filed no response.

Accordingly, we order the appeal dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 3, 2007.

Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.