Donald Keith Lucas v. Kimberly Kay Hessong--Appeal from 387th District Court of Fort Bend County

Opinion issued November 7, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00527-CV

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DONALD KEITH LUCAS, Appellant

V.

KIMBERLY KAY HESSONG, Appellee

On Appeal from the 387th District Court

Fort Bend County, Texas

Trial Court Cause No. 83,625

O P I N I O N

This is an appeal from a judgment signed on April 9, 2002. A motion for new trial and notice of appeal were filed on May 8, 2002.

On September 5, 2002, this Court sent appellant a notice informing him that the district clerk had advised this Court that the reason the clerk's record had not been filed was because appellant had not paid for it. The notice also informed appellant that this Court might dismiss his appeal for want of prosecution unless within 15 days of the date of the notice he made arrangements to pay for the record and provided this Court with proof of payment. The 15 days have expired and appellant has not responded to this Court's September 5 notice.

Accordingly, appellant's appeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3(c).

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Radack.

Do not publish. Tex. R. App. P. 47.