IN RE: THE MARRIAGE OF ANDREA CHANDRA MOONEYHAM AND DANIEL DEWAYNE MOONEYHAM (2017)

MEMORANDUM OPINION

Daniel Dewayne Mooneyham, appellant, filed his notice of appeal November 29, 2016, and the clerk's record in this matter was due to be filed with this Court on or before December 30, 2016. When the record was not filed by the due date, our clerk's office contacted the district clerk's office and learned that Mooneyham had neither paid for nor made satisfactory payment arrangements for preparation of the record.

Mooneyham is not indigent and is, therefore, responsible for payment of the fees related to preparation of the clerk's record. See TEX. R. APP. P. 20.1, 35.3(a)(2), (b)(3), 37.3(b). By letter dated January 30, 2017, and pursuant to Rules 37.3(b) and 42.3(b) of the Texas Rules of Appellate Procedure, we provided Mooneyham notice of and an opportunity to cure this defect. Further, we warned Mooneyham that his failure to provide an adequate response to our defect letter within ten days of the date of the letter would subject his appeal to dismissal for want of prosecution. See TEX. R. APP. P. 37.3(b), 42.3(b).

We have received no communication from Mooneyham responsive to our January 30 correspondence. Consequently, this appeal is ripe for dismissal. Pursuant to Rules 37.3(b) and 42.3(b) of the Texas Rules of Appellate Procedure, we dismiss this appeal for want of prosecution. See id.

Ralph K. Burgess Justice