Thomas Johnson v. the Cadle Company

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-08-181-CV

THOMAS JOHNSON                                                             APPELLANT

                                                   V.

THE CADLE COMPANY                                                           APPELLEE

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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 June 3, 2008, we notified appellant that the trial court clerk responsible for preparing the record in this appeal had informed this court that arrangements had not been made to pay for the clerk=s record as required by Texas Rule of Appellate Procedure 35.3(a)(2).  See TEX. R. APP. P. 35.3(a)(2).  We stated that we would dismiss the appeal for want of prosecution unless appellant, 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).

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

PER CURIAM

PANEL D: GARDNER, WALKER, and MCCOY, JJ.

DELIVERED: July 3, 2008

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^[1]See TEX. R. APP. P. 47.4.