Opinion
No. 04-12-00639-CV
12-05-2012
BIOLUSTRE, INC., Appellant v. STANKA P. WOODS LIVING TRUST, Appellee
MEMORANDUM OPINION
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CI-17158
Honorable Peter A. Sakai, Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
DISMISSED FOR WANT OF PROSECUTION
On November 1, 2012, the trial court clerk filed a notification of late record, stating that the clerk's record had not been filed because appellant had failed to pay or make arrangements to pay the clerk's fee for preparing the record and that appellant is not entitled to appeal without paying the fee. On November 6, 2012, appellant was ordered to provide written proof to this court by November 16, 2012, establishing that either (1) the clerk's fee had been paid or arrangements had been made to pay the clerk's fee; or (2) appellant is entitled to appeal without paying the clerk's fee. The order cautioned appellant that if no response was filed within the time provided, the appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).
Appellant did not respond to this court's order. Therefore, the appeal is dismissed for want of prosecution. See id. Costs of appeal are taxed against appellant.
PER CURIAM