in the Interest of J.I.K., a Child ( 2011 )

MEMORANDUM OPINION No. 04-11-00693-CV IN THE INTEREST OF J.I.K., A Child From the 216th Judicial District Court, Kendall County, Texas Trial Court No. 10-120 Honorable Bill R. Palmer, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: November 2, 2011 DISMISSED This is an accelerated appeal from the trial court’s order terminating appellant father’s, J.C.K. Jr., parental rights. The clerk’s record was due August 29, 2011, ten days after the notice of appeal was filed. TEX. R. APP. P. 35.1(b). On September 19, 2011, the District Clerk of Kendall County filed a notification stating the clerk’s record would not be filed because appellant had not paid or made arrangements to pay the clerk’s fee to prepare the record and is not entitled to appeal without paying the fee. On September 22, 2011, we ordered appellant to provide written proof to this court on or before October 12, 2011 that either (1) the clerk’s fee has been paid or arrangements had been made to pay the clerk’s fee; or (2) he is entitled to appeal without paying the clerk’s fee. We cautioned appellant that if he failed to respond within 04-11-00693-CV the time provided, his appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant has not filed a response. We therefore order this appeal dismissed for want of prosecution. We further order that appellee, the Texas Department of Family & Protective Services, recover its costs in this appeal from appellant father, J.C.K. Jr. PER CURIAM -2-