Peter H. Eggert v. Associates Housing Finance, LLC ( 2003 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                             Memorandum Opinion

Peter H. Eggert

Appellant

Vs.                   No. 11-03-00219-CV B Appeal from Erath County

Associates Housing Finance, LLC

Appellee

Peter H. Eggert perfected this appeal and paid the required filing fee.  The appellate record was originally due to be filed in this court on August 13, 2003.  Both the clerk of the trial court and the court reporter informed this court in writing that appellant had failed to pay for or make arrangements to pay for the appellate record.  On August 25, 2003, this court notified the parties in writing that the due date for the appellate record had been extended and directed appellant to not only remit payment for the records but also submit proof of payment to this court within 15 days. TEX.R.APP.P. 37.3(a)(1). The only response to our letter of August 25 has been a phone call on September 10 from the clerk of the trial court advising this court that no payment had been made.

The failure to file the appellate record is due to appellant=s actions. TEX.R.APP.P. 37.3(b).  Therefore, the appeal is dismissed for want of prosecution.

PER CURIAM

October 2, 2003

Not designated for publication.  See TEX.R.APP.P. 47.2(a).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.