Fernando Arias v. Erica Jo AriasAppeal from 438th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00535-CV Fernando ARIAS, Appellant v. Erica Jo ARIASAppellee Erica Jo ARIAS, Appellee From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-04141 Honorable John D. Gabriel, Jr., Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: October 9, 2013 DISMISSED FOR WANT OF PROSECUTION On July 3, 2013, appellant filed a notice of appeal from the trial court s judgment signed June 6, 2013. The record was due August 5, 2013, sixty days after the judgment was signed. See TEX. R. APP. P. 35.1. On August 7, 2013, the District Clerk of Bexar County filed a notification of late record stating the clerk s record had not been 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 August 9, 2013, we ordered appellant to provide written proof to this court on or before August 19, 2013, that either (1) the clerk s fee has been paid or arrangements had been 04-13-00535-CV 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 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, Erica Jo Arias, recover her costs of this appeal from appellant. PER CURIAM -2-

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