DocketNumber: 06-20-00060-CV
Filed Date: 10/14/2020
Status: Precedential
Modified Date: 10/14/2020
In The Court of Appeals Sixth Appellate District of Texas at Texarkana No. 06-20-00060-CV IN THE INTEREST OF V.G.R., A CHILD On Appeal from the 330th District Court Dallas County, Texas Trial Court No. DF-16-14180 Before Morriss, C.J., Burgess and Stevens, JJ. Memorandum Opinion by Justice Stevens MEMORANDUM OPINION Frank Rodriguez, appellant, filed a notice of appeal in this matter on July 22, 2020.1 The clerk’s record was due to be filed with this Court on or before September 8, 2020. Rodriguez is not indigent and is thus responsible for paying or making adequate arrangements to pay the clerk’s fee for preparing the record. See TEX. R. APP. P. 37.3(b). The district clerk has informed this Court that the fee has not been paid for the preparation of the clerk’s record. By letter dated September 18, 2020, Rodriguez was provided with notice of and an opportunity to cure this defect. See TEX. R. APP. P. 42.3(b), (c). The clerk’s letter further warned Rodriguez that, if he did not submit an adequate response to the notice by September 28, 2020, this appeal would be subject to dismissal for want of prosecution and for failure to comply with the above-cited rules. Rodriguez has not paid for the preparation of the clerk’s record and has not filed proof of indigency. See TEX. R. APP. P. 20.1. Further, we have received no communication from Rodriguez responsive to the September 18 correspondence. Accordingly, this appeal is ripe for dismissal.2 1 Originally appealed to the Fifth Court of Appeals in Dallas, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. 2 Rodriguez has likewise not filed a docketing statement in accordance with Rule 32.1 of the Texas Rules of Appellate Procedure, see TEX. R. APP. P. 32.1, and has not tendered the mandatory $205.00 filing fee associated with the appeal. See TEX. R. APP. P. 5. 2 Pursuant to Rules 42.3, subsections (b) and (c), of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. Scott E. Stevens Justice Date submitted: October 13, 2020 Date decided: October 14, 2020 3