DENNIS H. BIRENBAUM, Appellant v. SIEMENS FINANCIAL SERVICES, INC., Appellee

DISMISS; Opinion Filed December 16, 2009.
 
 
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-09-01071-CV
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DENNIS H. BIRENBAUM, Appellant
V.
SIEMENS FINANCIAL SERVICES, INC., Appellee
.............................................................
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. 08-00077
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MEMORANDUM OPINION
Before Justices Bridges, Lang, and Lang-Miers
        On November 9, 2009, this Court ordered the Dallas County District Clerk to file either the clerk's record or written verification that appellant had not requested or paid for the record. We warned appellant in the order that if we received verification of non-payment, we would dismiss the appeal without further notice. See Tex. R. App. P. 37.3(b). On November 24, 2009, we received correspondence from the Dallas County Clerk that appellant had not paid for the clerk's record. On December 1, 2009, the Court sent appellant a letter directing him to provide proof, within ten days, that he has paid for the record. The December 1, 2009 letter warned appellant that failure to comply would result in dismissal of the appeal. To date, appellant has not provided the Court with
verification that he has paid for the clerk's record. Accordingly, we dismiss the appeal.  See Tex. R. App. P. 37.3(b), 43.3(c).
                                                          
                                                          PER CURIAM
 
 
 
091071F.P05