Opinion
NUMBER 13-12-00074-CV
05-17-2012
ROBERTO ARGUETA, Appellant, v. R&R CONSTRUCTION MARINE SERVICES, RLS BUILDERS, AND RICK L. STAYNER, INDIVIDUALLY AND D/B/A R&R CONSTRUCTION MARINE SERVICES AND RLS BUILDERS, Appellees.
On Appeal from the 410th District Court
of Montgomery County, Texas.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Garza
Memorandum Opinion Per Curiam
Appellant, Roberto Argueta, filed an appeal from a judgment rendered against him in favor of appellees. On February 22, 2012, the Clerk of this Court notified appellant that the clerk's record in the above cause was originally due on February 7, 2012, and that the deputy district clerk, Leah Timmons, had notified this Court that appellant failed to make arrangements for payment of the clerk's record. The Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.3, 42.3(b),(c). Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of prosecution.
On March 9, 2012 and April 12, 2012, the Clerk of the Court notified appellant that he was delinquent in remitting a $175.00 filing fee. The Clerk of this Court notified appellant that the appeal was subject to dismissal if the filing fee was not paid within ten days from the date of receipt of the letter. See id. 42.3(b),(c).
Appellant has failed to respond to this Court's notices and has failed to pay the filing fee. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See TEX. R. APP. P. 42.3(b), (c).
PER CURIAM