Daniel Garza and Lynn Garza v. Jesse Flores III





 

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MEMORANDUM OPINION


No. 04-09-00648-CV


Daniel GARZA and Lynn Garza,

Appellants


v.


Jesse FLORES III,

Appellee


From the 79th Judicial District Court, Jim Wells County, Texas

Trial Court No. 09-01-47730CV

Honorable Richard C.Terrell, Judge Presiding


PER CURIAM

 

Sitting:            Karen Angelini, Justice

                        Sandee Bryan Marion, Justice

                        Phylis J. Speedlin, Justice


Delivered and Filed: December 9, 2009


DISMISSED FOR WANT OF PROSECUTION

             On October 26, 2009, the trial court clerk filed a notification of late record, stating that the appellants had failed to pay or make arrangements to pay the fee for preparing the clerk’s record. We, therefore, ordered appellants to provide written proof to this court within ten days of the date of the order that either (1) the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee; or (2) appellant was entitled to appeal without paying the clerk’s fee. We warned that if appellants failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Appellants failed to respond. Therefore, we dismiss this appeal for want of prosecution.

 

                                                                                    PER CURIAM