Jon Stuart Baughman v. Tonya R. Baughman--Appeal from 19th District Court of McLennan County

IN THE

TENTH COURT OF APPEALS

No. 10-01-070-CV

JON STUART BAUGHMAN,

Appellant

v.

TONYA R. BAUGHMAN,

Appellee

From the 19th District Court

McLennan County, Texas

Trial Court # 97-2399-1,2

MEMORANDUM OPINION

Jon Stuart Baughman appeals a divorce decree dissolving the marriage between Tonya R. Baughman and himself. Jon filed an affidavit of indigence and requested a free appellate record. Tonya and the court reporter contested his indigence claim, and the trial court sustained their contest. We affirmed the trial court s indigence decision in a separate appeal. See Baughman v. Baughman, 65 S.W.3d 309 (Tex. App. Waco 2001, pet. denied).

Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to pay or make arrangements to pay the clerk s fee for preparation of the record, the Court may:

dismiss the appeal for want of prosecution, unless the appellant was entitled to proceed without payments of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

Tex. R. App. P. 37.3(b).

The Supreme Court denied Jon s petition for review of our decision in the indigence appeal on April 11, 2002. After the time passed for the filing of a motion for rehearing in the Supreme Court, we notified Jon by letter dated June 5 that he had ten days to pay the clerk s fee for preparation of the record or to make arrangements for payment of the clerk s fee. We warned him that his appeal would be dismissed for want of prosecution if he did not make the necessary arrangements for the filing of the clerk s record. Id. 37.3(b), 42.3, 44.3. Jon has not responded to our letter. Therefore, this appeal is dismissed for want of prosecution. Id. 37.3(b).

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed July 3, 2002

Do not publish

[CV06]