George Garcia v. Anna GarciaAppeal from 166th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00228-CV George GARCIA, Appellant v. Anna GARCIAAppellee Anna GARCIA, Appellee From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-02221 Honorable Antonia Arteaga, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: June 26, 2013 DISMISSED FOR WANT OF PROSECUTION On April 10, 2013, appellant George Garcia filed a notice of appeal from the trial court s judgment signed March 6, 2013. The record was due May 6, 2013, sixty days after the judgment was signed. See TEX. R. APP. P. 35.1. On May 14, 2013, 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 May 15, 2013, we ordered appellant to provide written proof to this court on or before June 4, 2013, that either (1) the clerk s fee had been paid or arrangements had been made 04-13-00228-CV 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 prosecution. See TEX. R. APP. P. 37.3(b). Appellant has not filed a response. We therefore order this appeal dismissed for want of prosecution. We further order that appellee, Anna Garcia, recover her costs in this appeal from appellant. PER CURIAM -2-
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