William Peter Marshall v. Karen Renee Marshall--Appeal from 253rd District Court of Liberty County

IN THE

TENTH COURT OF APPEALS

No. 10-02-275-CV

WILLIAM PETER MARSHALL,

Appellant

v.

KAREN RENEE MARSHALL,

Appellee

From the 253rd District Court

Liberty County, Texas

Trial Court # 62401

MEMORANDUM OPINION

William Peter Marshall appeals from a divorce decree. To date, the clerk s record has not been filed. 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).

More than thirty days have passed since the clerk s record was due. By letter dated November 26, 2002, we notified Marshall of this defect and 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. We received a letter from Marshall on December 2 in which he states, I am terminating the appeals on the above stated divorce case. I request no records be forwarded.

We construe this as a motion to dismiss the appeal. Therefore, this appeal is dismissed. Id. 42.1(2).

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Appeal dismissed

Opinion delivered and filed December 31, 2002

Do not publish

[CV06]