Donna Karvonen v. Samuel Bennett, M. D. ( 1998 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-9 7 -00 557 -CV Donna Karvonen , Appellant v. Samuel Bennett, M.D. , Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 146TH JUDICIAL DISTRICT NO. 155,386-B , HONORABLE RICK MORRIS , JUDGE PRESIDING PER CURIAM Appellant Donna Karvonen initiated an appeal from the trial court's judgment in favor of appellee Samuel Bennett, M.D. No appellate record has been filed. We are advised by the district clerk that Karvonen has failed to pay the fee for preparing the clerk's record. See Tex. R. App. P. 35.3(a)(2). Karvonen did not respond to this Court's letter inquiring into the status of the appellate record and informing her of the consequences of failing to file a record. We conclude that Karvonen is responsible for the failure to file the record and that she has been given a reasonable opportunity to cure. See id. 37.3(b). We therefore dismiss the appeal for want of prosecution. Id. 37.3(b), 42.3(b). We dismiss Bennett's motion to dismiss for want of jurisdiction. Before Justices Powers, Kidd and B. A. Smith Dismissed for Want of Prosecution Filed: February 20, 1998 Do Not Publish