In the matter of the estate of Theresa A. Johnson, deceased--Appeal from County Court at Law No. 2 of Montgomery County

Opinion filed September 6, 2007

In The

Eleventh Court of Appeals

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   No. 11-07-00207-CV

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   IN THE MATTER OF THE ESTATE OF

THERESA A. JOHNSON, DECEASED

On Appeal from the County Court at Law No. 2

Montgomery County, Texas

Trial Court Cause No. 06-23,180-P

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

On April 4, 2007, the trial court signed the judgment determining heirship. Marty Uphoff filed a notice appeal. An affidavit of inability to pay costs on appeal was not filed. We dismiss.

Both the clerk of the trial court and the court reporter have stated in writing that Uphoff has failed to make arrangements for the appellate record. On July 31, 2007, the clerk of this court wrote the parties directing Uphoff to file proof in this court of designation of and payment for the appellate record on or before August 15, 2007. There has been no response to our July 31 letter.

The failure to file the appellate record appears to be due to Uphoff=s actions. Therefore, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b).

September 6, 2007 PER CURIAM

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.