Manuel De La Cruz v. Frontier Motor Company, Inc.--Appeal from 104th District Court of Taylor County

Opinion filed April 26, 2007

In The

Eleventh Court of Appeals

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   No. 11-07-00063-CV

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   MANUEL DE LA CRUZ, Appellant

V.

FRONTIER MOTOR COMPANY, INC., Appellee

On Appeal from the 104th District Court

Taylor County, Texas

Trial Court Cause No. 23,223-B

M E M O R A N D U M O P I N I O N

The trial court signed its judgment on January 3, 2007, that Manuel De La Cruz take nothing. De La Cruz filed his notice of appeal on February 2, 2007. Neither a motion for new trial nor an affidavit of inability to pay costs on appeal was filed. We dismiss the appeal.

The clerk=s record was originally due to be filed in this court on March 5, 2007. The record was not timely filed, and the clerk of the trial court notified this court in writing that appellant had not made arrangements to pay for the record. Pursuant to Tex. R. App. P. 37.3(a)(1), (b), the clerk of this court informed the parties in a letter that the due date for the record had been extended and that appellant should forward proof of payment for the record to this court by April 3, 2007. There has been no response to our letter of March 19, 2007.

The failure to file the clerk=s record appears to be due to appellant=s actions. Therefore, the appeal is dismissed for want of prosecution. Tex. R. App. P. 42.3.

PER CURIAM

April 26, 2007

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.