Gabriel Gilberto Martinez v. Annette Aracelie Martinez--Appeal from County Court At Law No 1 of Webb County (memorandum opinion per curiam)
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MEMORANDUM OPINION No. 04-12-00613-CV Gabriel Gilberto MARTINEZ, Appellant v. Annette Aracelie MARTINEZ, Appellee From the County Court At Law No. 1, Webb County, Texas Trial Court No. 2006CVG000217 C-1 Honorable Ron Carr, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: October 31, 2012 DISMISSED FOR WANT OF PROSECUTION On October 2, 2012, we notified appellant that the trial court clerk filed a notification of late clerk s record stating that the clerk s record has not been filed because (1) appellant has failed to pay or make arrangements to pay the clerk s fee for preparing the record, and (2) appellant is not entitled to appeal without paying the fee. We ordered appellant to provide written proof to this court on or before October 12, 2012, 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 04-12-00613-CV without paying the clerk s fee. We warned appellant that if he failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). To date, appellant has not filed any response with this court. Therefore, we dismiss this appeal for want of prosecution. See id. R. 37.3(b), 42.3(c). Costs of this appeal are taxed against appellant. See id. R. 43.4. PER CURIAM -2-
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