George Thomas v. U.S. Bank National Association F/K/A First Bank National Association Trust, Acting Solely in Its Capacity as Trustee for EQCC Home Equity Loan Trust 1999-3

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-05-370 CV

____________________



GEORGE THOMAS, Appellant



V.



U.S. BANK NATIONAL ASSOCIATION, f/k/a FIRST BANK

NATIONAL ASSOCIATION TRUST, acting solely in its capacity as

Trustee for EQCC HOME EQUITY LOAN TRUST 1999-3, Appellees




On Appeal from the County Court at Law

Polk County, Texas

Trial Cause No. CV02157




MEMORANDUM OPINION

On January 5, 2006, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why he needed time for filing the record. Appellant received additional extensions of time to file the record and pay the filing fee, but failed to comply by the April 20, 2006, final extension deadline. The appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20.1. The filing fee not having been paid, and there being no satisfactory explanation for the failure to file the record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b). Costs are assessed against appellant.

APPEAL DISMISSED.



____________________________

DAVID GAULTNEY

Justice





Opinion Delivered May 4, 2006

Before McKeithen, C.J., Gaultney and Horton, JJ.