Casualty v. State

Full title: ALLEGHENY CASUALTY, ET AL., Appellants v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 18, 2009

No. 05-08-01320-CV (Tex. App. Mar. 18, 2009)

Opinion

No. 05-08-01320-CV

Opinion issued March 18, 2009.

On Appeal from the 291st Judicial District Court, Dallas County, Texas, Trial Court Cause No. F07-51219-HU.

Before Chief Justice THOMAS and Justices O'NEILL and MURPHY.

MEMORANDUM OPINION

PER CURIAM.

The clerk's record is overdue in this appeal. See Tex. R. App. P. 35.1. On November 5, 2008, this Court notified the Dallas County Clerk the clerk's record was overdue. On February 24, 2009, we ordered the Dallas County Clerk to file either the clerk's record or written verification appellant had not made payment arrangement for the clerk's record and notified appellant that if we received written verification that appellant had not made payment arrangements for the clerk's record, this appeal would be dismissed for want of prosecution. On March 6, 2009, the Dallas County Clerk notified this Court the record had been prepared, but appellant had failed to tender payment for the clerk's record.

Accordingly, we DISMISS the appeal for want of prosecution. See Tex. R. App. P. 37.3(b), 42.3(b).