Opinion
No. 12-03-00003-CV.
Opinion delivered February 28, 2003.
Appeal from the 114th Judicial District Court of Smith County, Texas.
Panel consisted of WORTHEN, C.J. and GRIFFITH, J.
MEMORANDUM OPINION
This appeal is being dismissed because Appellant has failed, after notice, to pay or make arrangements to pay the trial court clerk's fee for preparing the clerk's record. The judgment was signed on December 2, 2002, and the clerk's record, after an extension of the filing deadline, was due on January 31, 2003. On January 30, 2003, the clerk notified this court by letter that the reason for the delay in filing was that Appellant's claim of indigence had been denied by the trial court and that Appellant had thereafter failed to either pay or make arrangements to pay for the preparing of the clerk's record. Appellant did not appeal the trial court's denial of his indigency claim. Consequently, on February 6, 2003, this court informed Appellant that, pursuant to Tex.R.App.P. 37.3(b) and 42.3(c), the appeal would be dismissed unless proof of full payment to the clerk was provided on or before February 21, 2003.
Appellant responded to the notice with a request that this court not enforce the payment deadline because of his indigent status. Appellant's response was considered a motion for a free record and was denied. As of February 28, 2003, Appellant has not provided proof of full payment as required by this court's notice. Accordingly, the appeal is dismissed. Tex.R.App.P. 37.3(b), 42.3(c).