TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-98-00486-CV
Anthony Perez, Appellant
v.
Richard Waters Construction, Inc., Appellee
NO. 240,754, HONORABLE ORLINDA L. NARANJO, JUDGE PRESIDING
Because Anthony Perez has 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 August 31, 1998. By letter dated January 4, 1999, the Clerk of this Court notified the county clerk's office of Travis County that the clerk's record was overdue. Notice was received from the county clerk's office on February 26, 1999, that the clerk's record had not been paid for, nor had arrangements been made.
By letter dated March 16, 1999, and again on April 29, 1999, appellant's attorney was requested to submit a status report regarding this matter. Appellant was informed that failure to pay, or to make arrangements to pay, for the record could result in dismissal of his appeal. Thus far, appellant has failed to respond to this request.
Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).
Before Justices Jones, B. A. Smith and Yeakel
Dismissed for Want of Prosecution
Filed: June 4, 1999
Do Not Publish