B.D. Baker Home Construction and Brent Baker v. Praxedis De La Garza IV and Sara Maxwell

Opinion

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02-10-00323-CV

B.D. BAKER HOME APPELLANTS CONSTRUCTION AND BRENT BAKER

V.

PRAXEDIS DE LA GARZA IV AND APPELLEES SARA MAXWELL

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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY

MEMORANDUM OPINION1 AND JUDGMENT ------------

On November 3, 2010, we notified appellants that the trial court clerk

responsible for preparing the record in this appeal had informed this court that

arrangements had not been made to pay for the clerk=s record as required by

Texas Rule of Appellate Procedure 35.3(a)(2). See Tex. R. App. P. 35.3(a)(2).

1 See Tex. R. App. P. 47.4. We stated that we would dismiss the appeal for want of prosecution unless

appellants, within fifteen days, made arrangements to pay for the clerk=s record

and provided this court with proof of payment.

Because appellants have not made payment arrangements for the clerk=s

record, it is the opinion of the court that the appeal should be dismissed for want

of prosecution. Accordingly, we dismiss the appeal. See Tex. R. App. P.

37.3(b), 42.3(b).

Appellants shall pay all costs of the appeal, for which let execution issue.

PER CURIAM

PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED: December 2, 2010