Vickie Cross v. the Dow Chemical Co. ( 1999 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-9 9 -00 537 -CV Vickie Cross, et al. , Appellants v. The Dow Chemical Co., et al. , Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT NO. 95-08624 , HONORABLE JON N. WISSER , JUDGE PRESIDING PER CURIAM Because appellants have neither paid for nor made arrangements to pay for the clerk's record, we will dismiss this appeal for want of prosecution. See Tex. R. App. P. 35.3(a)(2). The Clerk of this Court filed appellant's Notice of Appeal on July 26, 1999. By letter dated September 9, 1999, the Clerk of this Court notified the district clerk's office of Travis County that the clerk's record was overdue. Notice was received from the district clerk's office on September 17, 1999, that the clerk's record had not been paid for, nor had arrangements for payment been made. By letter dated November 22, 1999, appellants were requested to submit a status report regarding this matter by December 2, 1999, and were cautioned that failure to respond could result in dismissal of their appeal. Thus far, appellants have failed to respond to this request. On December 9, 1999, appellees filed a Motion to Dismiss for Want of Prosecution, contending that this Court should dismiss the appeal because appellants have failed to pay or make arrangements to pay the clerk's fee for preparation of the record. We grant the motion for the foregoing reasons and dismiss the appeal. See id. 37.3(b). Before Justices Jones, Kidd and Patterson Dismissed for Want of Prosecution on Appellees' Motion Filed: December 23, 1999 Do Not Publish