Valerie May v. David May--Appeal from County Court at Law No 1 of Montgomery County
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00525-CV _________________ VALERIE MAY, Appellant V. DAVID MAY, Appellee ________________________________________________________________________ On Appeal from the County Court at Law No. 1 Montgomery County, Texas Trial Cause No. 10-01-00751 CV ________________________________________________________________________ MEMORANDUM OPINION On February 17, 2011, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the clerk s record or the appellant explained why she needed time for filing the record. See Tex. R. App. P. 37.3(b). The appellant did not file a response. It appears that the appellant is not entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. Appellant was given a reasonable opportunity to cure. See Tex. R. App. P. 37.3(b). There being no satisfactory 1 explanation for the failure to provide the record after notice and opportunity to cure, the appeal is dismissed for want of prosecution. See id.; Tex. R. App. P. 42.3. APPEAL DISMISSED. ________________________________ DAVID GAULTNEY Justice Opinion Delivered March 31, 2011 Before McKeithen, C.J., Gaultney and Kreger, JJ. 2
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