James R. George v. Dennis Cornelison and Dianne Cornelison ( 1998 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-9 8 -00 311 -CV James R. George , Appellant v. Dennis Cornelison and Dianne Cornelison , Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. 97-08316 , HONORABLE MARY PEARL WILLIAMS , JUDGE PRESIDING PER CURIAM We will dismiss this cause of action for want of prosecution. When this Court's clerk notified the trial-court clerk that the clerk's record was overdue, the trial-court clerk responded by letter that appellant had not paid or made arrangements to pay for the preparation of the clerk's record. The clerk also informed this Court that the trial court had sustained a contest to appellant's affidavit of inability to pay the costs of appeal. By letter dated August 3, 1998, this Court's clerk requested a response from appellant regarding his plans to pay for the clerk's record. This Court's clerk warned that dismissal could ensue from a failure to arrange to have the record prepared. By letter, appellant's attorney acknowledged his client had neither paid nor made arrangements to pay for preparation of the clerk's record, and asserted that he did not have the funds to do. We therefore dismiss this appeal for want of prosecution for failure to make arrangements to pay for the preparation of the clerk's record. See Tex. R. App. P. 37.3(b). Before Chief Justice Yeakel, Justices Jones and B. A. Smith Dismissed for Want of Prosecution Filed: September 24, 1998 Do Not Publish