Mary Bernard, Appellant v. Ian St. Michael Bernard, Appellee

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Court of Appeals of Texas, Austin.

Mary Bernard, Appellant v. Ian St. Michael Bernard, Appellee

NO. 03–11–00664–CV

Decided: June 15, 2012

Before Chief Justice Jones, Justices Pemberton and Rose

M E M O R A N D U M O P I N I O N

Appellant Mary Bernard, acting pro se, filed her notice of appeal on October 17, 2011.   On November 16, 2011, the Official Court Reporter for the 146th District Court of Bell County notified this Court that appellant had not paid or made arrangements to pay for the reporter's record.   On March 27, 2012, the clerk of this Court notified appellant by letter that the reporter's record was overdue and requested that she make payment arrangements for the reporter's record.   The overdue-record notice also informed appellant that if she failed to make payment arrangements or respond to the Court's notice by April 6, 2012, her appeal would be considered without a record, and she would be expected to file her brief by April 26, 2012.   See Tex.R.App. P. 37.3(c).  Appellant did not respond to this notice.

On May 5, 2012, the clerk of this Court notified appellant that her brief was overdue and that her appeal was subject to dismissal for want of prosecution unless she filed her brief or responded to this notice by May 15, 2012.   To date, appellant has not responded to this Court's notice.   Accordingly, we dismiss the appeal for want of prosecution.   See Tex.R.App. P. 42.3(b), (c).

Jeff Rose, Justice

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