Opinion
No. 05-09-00363-CV
Opinion issued November 20, 2009.
On Appeal from the County Court at Law No. 5 Dallas County, Texas, Trial Court Cause No. CC-06-05279.
Before Chief Justice WRIGHT and Justices O'NEILL and MURPHY.
MEMORANDUM OPINION
By letter dated November 5, 2009, the Court notified appellant that we received correspondence from the Dallas County Clerk stating appellant has not paid for the clerk's record. We directed appellant to notify the Court, within ten days, that it had made payment arrangements for the clerk's record or was entitled to proceed without payment for the record. We further warned appellant that failure to comply would result in dismissal of the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). To date, we have received neither the clerk's record nor verification from appellant that it has paid for the record. Accordingly, we dismiss the appeal.
This is the second time this appeal has been dismissed for appellant's failure to comply with directives of the Court. The appeal was dismissed on May 13, 2009 because appellant failed to pay the filing fee. It was reinstated on appellant's motion for rehearing when the filing fee was paid.