linda-and-gerald-goff-v-tom-dodson-dba-dodson-foundation-ray-smith ( 2006 )

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-06-045-CV

LINDA AND GERALD GOFF                                                  APPELLANTS

                                                   V.

TOM DODSON D/B/A DODSON FOUNDATION,                          APPELLEES

RAY SMITH, INDIVIDUALLY AND D/B/A RCS

ENTERPRISES, AND MARTIN MONTGOMERY,

INDIVIDUALLY AND D/B/A RCS ENTERPRISES                                         

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             FROM THE 158^TH DISTRICT COURT OF DENTON COUNTY

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                  MEMORANDUM OPINION^[1] AND JUDGMENT

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On March 20, 2006, we notified appellants that the trial court clerk responsible for preparing the record in this appeal had informed the court that arrangements had not been made to pay for the clerk=s record as required by TEX. R. APP. P. 35.3(a)(2).  We stated we would dismiss the appeal for want of prosecution unless appellants, within fifteen days, made arrangements to pay for the clerk=s record and provided this court with proof of payment. 

Because appellants have not made payment arrangements for the clerk=s record, it is the opinion of the court that the appeal should be dismissed for want of prosecution. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 37.3(b), 42.3(b).

Appellants shall pay all costs of the appeal, for which let execution issue.

PER CURIAM                      

PANEL D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.      

DELIVERED: April 13, 2006

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^[1]See Tex. R. App. P. 47.4.