Opinion
No. 09-10-00591-CV
Opinion Delivered February 24, 2011.
On Appeal from the 284th District Court Montgomery County, Texas, Trial Cause No. 09-11-11199-CV.
Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.
MEMORANDUM OPINION
On January 3, 2011, we notified the parties that this accelerated appeal would be dismissed for want of prosecution unless arrangements were made for filing the clerk's record or the appellant explained why it needed additional time for filing the record. See Tex. R. App. P. 37.3(b). On January 21, 2011, we notified the parties that the appeal would be dismissed unless the appellant remitted the filing fee for the appeal. See Tex. R. App. P. 5. Appellant did not respond to either notice.
Appellant did not pay the filing fee for the appeal and did not pay for the preparation of a clerk's record. Appellant neither filed an affidavit of inability to pay costs on appeal nor asserted that it is entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. There being no satisfactory explanation for the appellant's failure to pursue the appeal after having been given notice and opportunity to cure, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3.
APPEAL DISMISSED.