Abel Gonzalez v. Texas Department of Public Safety ( 2005 )

    NUMBER 13-00-567-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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ABEL GONZALEZ,                                                             Appellant,

v.

TEXAS DEPARTMENT OF PUBLIC SAFETY,                          Appellee.

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On appeal from the County Court at Law

of Kleberg County, Texas.

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MEMORANDUM OPINION

Before Justices Yañez, Castillo, and Garza

Memorandum Opinion Per Curiam

         Appellant, ABEL GONZALEZ, perfected an appeal from a judgment entered by the County Court at Law of Kleberg County, Texas, in cause number 00-102-C. No clerk’s record has been filed due to appellant’s failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record. In addition, appellant has failed to remit the $125.00 filing fee in this matter.

         If the trial court clerk fails to file the clerk’s record because the appellant failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b).

         On April 26, 2005, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b) and 42.3. Appellant was given ten days to explain why the cause should not be dismissed. To date, no response has been received from appellant.

         The Court, having considered the documents on file, this Court’s notice, and appellant’s failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

                                                               PER CURIAM

Memorandum Opinion delivered and filed

this the 26^th day of May, 2005.