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MEMORANDUM OPINION
No. 04-08-00458-CV
Gabriel ESCOBAR,
Appellant
v.
Eluid BARRERA and Katherine Barrera, Individually and d/b/a Rancho Savanna,
Appellees
From the 79th Judicial District Court, Jim Wells County, Texas
Trial Court No. 06-08-44897-CV
Honorable Richard C. Terrell, Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: September 24, 2008
DISMISSED FOR WANT OF PROSECUTION
On August 12, 2008, we notified appellant that the trial court clerk had filed a notification
of late clerk’s record, stating that the clerk’s record has not been filed because appellant has failed
to pay or make arrangements to pay the clerk’s fee for preparing the record and appellant is not
entitled to appeal without paying the fee. We, therefore, ordered appellant to provide written proof
to this court on or before August 22, 2008, that either (1) the clerk’s fee had been paid or
04-08-00458-CV
arrangements had been made to pay the clerk’s fee; or (2) appellant is entitled to appeal without
paying the clerk’s fee. We warned that if appellant failed to respond within the time provided, this
appeal will be dismissed for want of prosecution. See TEX . R. APP . P. 37.3(b). As of this date,
appellant has failed to either comply with or respond to this order. Therefore, we dismiss the appeal.
See TEX . R. APP . P. 42.3(c). Costs of appeal are taxed against appellant.
PER CURIAM
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