Opinion
No. 05-08-00989-CV
Opinion Filed November 20, 2008.
On Appeal from the 298th Judicial District Court Dallas County, Texas, Trial Court Cause No. DC-07-14324-M.
Before Justices WRIGHT, O'NEILL, and LANG.
MEMORANDUM OPINION
On July 21, 2008, appellant Richard Shaw filed a notice of appeal in this case. On August 14, 2008, we notified the Dallas District Clerk that the clerk's record was overdue. See Tex. R. App. P. 35.1. We directed the Dallas County District Clerk to file the clerk's record in this matter. On September 24, 2008, the District Clerk notified this Court the clerk's record was prepared and was being held for payment of the fee for the clerk's record. See Tex. R. App. P. 37.3(b).
By order dated October 21, 2008, we ordered appellant to notify this Court by November 5, 2008 that he had both requested and paid for the clerk's record. We notified appellant that if we did not receive the written verification within that time, we would, without further notice dismiss this appeal for want of prosecution. See Tex. R. App. P. 37.3(b).
On October 30, 2008, the District Clerk again notified this Court the clerk's record was prepared and was being held for payment of the fee for the clerk's record. See Tex. R. App. P. 37.3(b).
Nevertheless, to date, appellant has not communicated with the Court regarding this appeal.
Accordingly, we DISMISS the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b).