Wilson M. Shepard and Daniel L. Shepard v. Prescription Dispensing Laboratories, Inc.

MEMORANDUM OPINION No. 04-03-00941-CV Wilson M. SHEPARD and Daniel L. Shepard, Appellants v. PRESCRIPTION DISPENSING LABORATORIES, INC., Appellee From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2002-CI-05928 Honorable Rebecca Simmons, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: July 28, 2004

DISMISSED FOR WANT OF PROSECUTION

The trial court clerk filed a notification of late record stating that the clerk's record had not been filed because appellants' attorney told the clerk that the appellants may be unable to pay the fee for preparing the record. On June 24, 2004, we ordered appellants to provide written proof to this court that either (1) the clerk's fee had been paid or arrangements had been made to pay the clerk's fee; or (2) appellants are entitled to appeal without paying the clerk's fee. We informed appellants that if they failed to respond within the time provided, the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Appellants failed to respond to our order. Accordingly, this appeal is dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

PER CURIAM