NUMBER 13-04-505-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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ROBERT ALONZO, ET AL., Appellants,
v.
ALUMINUM COMPANY OF AMERICA, ET AL., Appellees.
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On appeal from the 117th District Court
of Nueces County, Texas.
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MEMORANDUM OPINION
Before Justices Hinojosa, Yañez, and Garza
Memorandum Opinion Per Curiam
Appellants, ROBERT ALONZO, ET AL., perfected an appeal from a judgment entered by the 117th District Court of Nueces County, Texas, in cause number 00-04225-B. No clerk’s record has been filed due to appellants’ failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record.
If the trial court clerk fails to file the clerk’s record because the appellant failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b).
On December 17, 2004, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b). Appellants were given ten days to explain why the cause should not be dismissed. To date, no response has been received from appellants.
The Court, having examined and fully considered the documents on file, appellants’ failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this Court’s notice, and appellants’ failure to respond, is of the opinion that the appeal should be dismissed for want of prosecution. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.
PER CURIAM
Memorandum Opinion delivered and filed
this the 7th day of April, 2005.