Javier Pina Hernandez v. Yvonne Rosemary Hernandez--Appeal from 45th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00547-CV

Javier Pina HERNANDEZ,

Appellant

v.

Yvonne Rosemary HERNANDEZ,

Appellee

From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2003-CI-14149

Honorable Barbara Hanson Nellermoe, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: September 28, 2005

DISMISSED FOR WANT OF PROSECUTION

The clerk s record was due to be filed on August 17, 2005. On August 18, 2005, the trial court clerk filed a notification of late record stating that the clerk s record had not been filed because appellant had failed to pay or make arrangements to pay the clerk s fee for preparing the record and that appellant is not entitled to appeal without paying the fee. On August 24, 2005, we ordered appellant to provide written proof to this court that either (1) the clerk s fee had been paid or arrangements had been made to pay the clerk s fee; or (2) appellant is entitled to appeal without paying the clerk s fee. Appellant failed to respond to this order. Therefore, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). Costs of the appeal are taxed against appellant.

PER CURIAM