Charles M. Ross v. Saint-Gobain Vetrotex America ( 2004 )

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-289-CV

CHARLES M. ROSS                                                                APPELLANT

V.

SAINT-GOBAIN VETROTEX AMERICA                                         APPELLEE

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FROM THE 89^TH DISTRICT COURT OF WICHITA COUNTY

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MEMORANDUM OPINION¹ AND JUDGMENT

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        On December 5, 2003, we notified appellant that the trial court clerk responsible for preparing the record in this appeal informed the court that payment 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 appellant has 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:   HOLMAN, GARDNER, and WALKER, JJ.

DELIVERED: January 29, 2004

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NOTES

1. See Tex. R. App. P. 47.4.