IN THE INTEREST OF AND MINOR CHILDREN v. <<

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Court of Appeals of Texas, Dallas.

IN THE INTEREST OF M.E.J., D.L.J., AND D.E.J., MINOR CHILDREN

No. 05-10-01658-CV

Decided: March 28, 2011

Before Justices Murphy, Fillmore, and Myers

MEMORANDUM OPINION

The clerk's record was due in this case on January 13, 2011.   On February 15, 2011, we ordered the Dallas County District Clerk to file by March 2, 2011 either the clerk's record or written verification that appellant has not been found to be indigent and has not paid for the record.   We cautioned appellant that if we received verification of non-indigence and non-payment, we would, without further notice, dismiss the appeal.   See Tex.R.App. P. 37.3(b).

On March 24, 2011, we received a letter from the Dallas County District Clerk informing us that the clerk's record has been prepared but has not been filed because appellant had not paid or made arrangements to pay for the preparation of the clerk's record and that appellant has not filed an affidavit of inability to pay costs.   The clerk's record has not been filed due to appellant's failure to pay.   Accordingly, on the Court's own motion, we dismiss the appeal for want of prosecution.   See Tex.R.

App. P. 37.3(b).

101658F.P05

PER CURIAM

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