Michael Idrogo v. Monica Gonzalez ( 2013 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00684-CV
Michael IDROGO,
Appellant
v.
Monica GONZALEZ, et al.,
Appellees
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-CI-21149
Honorable Larry Noll, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: December 31, 2013
DISMISSED FOR WANT OF PROSECUTION
Pro se appellant Michael Idrogo failed to timely file an affidavit of indigence with the trial
court in this appeal. We abated this appeal and ordered the trial court to determine if Appellant is
indigent for purposes of this appeal; it found that he is not. On November 20, 2013, we notified
Appellant that the trial court clerk filed a notification of late clerk’s record stating that the clerk’s
record has not been filed because (1) Appellant has failed to pay or make arrangements to pay the
clerk’s fee for preparing the record, and (2) Appellant is not entitled to appeal without paying the
fee. We ordered Appellant to provide written proof to this court not later than December 2, 2013,
04-13-00684-CV
that the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee. We
warned Appellant that if he failed to provide written proof within the time provided, this appeal
would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
To date, Appellant has not provided written proof as ordered. Instead, on December 11,
2013, Appellant filed another motion asking this court to set aside the trial court’s determination
that he is not indigent for purposes of this appeal. Appellant’s December 11, 2013 motion is
denied. We dismiss this appeal for want of prosecution. See id.; id. R. 42.3(c).
PER CURIAM
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