George Moran, Jr. v. Starr Moran--Appeal from 410th District Court of Montgomery County

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-04-151 CV
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GEORGE MORAN, JR., Appellant
V.
STARR MORAN, Appellee
On Appeal from the 410th District Court
Montgomery County, Texas
Trial Cause No. 03-01-00603-CV
MEMORANDUM OPINION (1)

George Moran, Jr. filed notice of appeal from the final divorce decree that dissolved his marriage to Starr Moran. The trial court partially sustained the clerk's and court reporter's contest to the appellant's affidavit of indigence, and ordered the appellant to pay up to $4,000 for the reporter's record and $750 for the clerk's record. Tex. R. App. P. 20.1(k). On February 3, 2005, we overruled the appellant's challenges to that ruling, held he is not entitled to proceed without payment of costs as ordered by the trial court, and provided notice that the appeal would be dismissed for want of prosecution thirty days from the date of the order unless the appellant paid the filing fee and provided proof of payment arrangements for preparation of the appellate record. Tex. R. App. P. 37.3. George Moran, Jr. has not remitted the filing fee, nor has he submitted evidence that he has arranged for preparation of the clerk's record and the reporter's record. Failure to file the clerk's record because the appellant failed to pay for the record is grounds for dismissal for want of prosecution. Tex. R. App. P. 37.3(b). The appellant failed to timely comply with our Order of February 3, 2005. Tex. R. App. P. 42.3(c). The appeal is dismissed for want of prosecution. Tex. R. App. P. 42.3(b), (c).

APPEAL DISMISSED.

PER CURIAM

 

Opinion Delivered March 31, 2005

Before McKeithen, C.J., Kreger and Horton, JJ.

1. Tex. R. App. P. 47.4.