in Re Life Time Fitness, Inc. ( 2009 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-09-00550-CV Eric Red, Appellant v. John Doherty and Doherty & Catlow, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 53RD JUDICIAL DISTRICT NO. D-1-GN-09-001448, HONORABLE GUS J. STRAUSS JR., JUDGE PRESIDING MEMORANDUM OPINION On October 22, 2009, this Court notified appellant Eric Red that the clerk’s record was overdue and requested that he make arrangements for the clerk’s record and submit a status report regarding this appeal on or before November 2, 2009. To date, appellant has not responded. On November 19, 2009, the trial court clerk notified this Court that no clerk’s record has been filed due to appellant’s failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record. If the trial court fails to file the clerk’s record due to appellant’s failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). Because appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this appeal is dismissed for want of prosecution. ___________________________________________ Diane M. Henson, Justice Before Chief Justice Jones, Justices Waldrop and Henson Dismissed for Want of Prosecution Filed: December 4, 2009 2