Oscar F. Garza, Jr. v. Oscar F. Garza, Sr. ( 2010 )

i i i i i i MEMORANDUM OPINION No. 04-10-00179-CV Oscar F. GARZA, Jr., Appellant v. Oscar F. GARZA, Sr., Appellee From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CI-09507 Honorable John D. Gabriel, Jr., Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: April 7, 2010 DISMISSED FOR WANT OF PROSECUTION On February 25, 2010, the trial court clerk filed a notification of late record, stating that the appellant had failed to pay or make arrangements to pay the fee for preparing the clerk’s record. We, therefore, ordered appellant to provide written proof to this court within ten days of the date of this order that either (1) the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee; or (2) appellant was entitled to appeal without paying the clerk’s fee. We warned that if 04-10-00179-CV appellant failed to respond within the time provided, this appeal would be dismissed for want of prosecution. Appellant failed to respond. Therefore, we dismiss this appeal for want of prosecution. See TEX . R. APP . P. 37.3(b). PER CURIAM -2-