In the Matter of the Estate of Leo L. Block, Deceased v. --Appeal from Probate Court No 1 of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00664-CV In the MATTER OF THE ESTATE OF Leo L. BLOCK, Deceased From the Probate Court No. 1, Bexar County, Texas Trial Court No. 2009-PC-2661 Honorable Polly Jackson Spencer, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: January 9, 2013 DISMISSED FOR WANT OF PROSECUTION On October 12, 2012, appellant Stephen W. Boyd filed a notice of appeal from the trial court s judgment signed July 26, 2012. The clerk s record was due November 26, 2012, one hundred and twenty days after the judgment was signed. TEX. R. APP. P. 35.1(a). On November 30, 2012, the District Clerk of Bexar County filed a notification stating the clerk s record would not be filed because appellant had not paid or made arrangements to pay the clerk s fee to prepare the record and is not entitled to appeal without paying the fee. On December 7, 2012, we ordered appellant to provide written proof to this court on or before December 17, 2012, that either (1) the clerk s fee has been paid or arrangements had been made to pay the clerk s fee; or (2) he 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 04-12-00664-CV prosecution. See TEX. R. APP. P. 37.3(b). On December 14, 2012, appellant filed a response stating he had been unable to get an amount from the Court Clerk for payment of the Clerks [sic] record. I will follow up on that issue Monday. Appellant filed no additional response. We therefore order this appeal dismissed for want of prosecution. We further order that appellee, the Estate of Leo L. Block, recover its costs of this appeal from appellant. PER CURIAM -2-
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