Diego Garcia v. Yolanda R. Garcia ( 2012 )

MEMORANDUM OPINION No. 04-11-00537-CV Diego GARCIA, Appellant v. Yolanda R. GARCIA, Appellee From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CI-00319 Honorable Janet P. Littlejohn, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Rebecca Simmons, Justice Delivered and Filed: June 6, 2012 DISMISSED FOR WANT OF PROSECUTION The clerk’s record was due on August 9, 2011. On August 10, 2011, this court ordered appellant to provide written proof to this court that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. On August 19, 2011, appellant filed a Declaration of Inability to Pay. On October 17, 2011, the trial court filed findings of fact and conclusions of law in which the court determined the appeal is frivolous. 04-11-00537-CV Although appellant may be indigent, because the trial court determined the appeal is frivolous, appellant is not entitled to a free record on appeal. On May 3, 2012, this court ordered appellant to show cause in writing why this appeal should not be dismissed for want of prosecution. Appellant has not responded; therefore, the appeal is dismissed for want of prosecution. TEX. R. APP. P. 37.3(b); 42.3(b), (c). PER CURIAM -2-