Art E. Johnson v. Mariner Post-Acute Network Inc.; and Living Centers Holding Company; Living Centers of Texas, Inc., d/b/a Northway Healthcare Center and J. Wheeler, Administrator, Northway Healthcare; and Armstrong Medical Clinic, Et Al--Appeal from 281st District Court of Harris County

Dismissed and Memorandum Opinion filed January 13, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-04-00356-CV

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ART E. JOHNSON, Appellant

V.

MARINER POST-ACUTE NETWORK, INC.; LIVING CENTERS HOLDING COMPANY; LIVING CENTERS OF TEXAS, INC., d/b/a NORTHWAY HEALTHCARE CENTER; J. WHEELER, ADMINISTRATOR, NORTHWAY HEALTHCARE; and ARMSTRONG MEDICAL CLINIC, ET AL., Appellees

On Appeal from the 281st District Court

Harris County, Texas

Trial Court Cause No. 03-15552

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

This is an appeal from a judgment signed March 30, 2004. No clerk=s record has been filed. The clerk responsible for preparing the record in this appeal informed the court appellant did not make arrangements to pay for the record. Appellant filed a motion asking that we review the trial court=s order sustaining the contest to appellant=s affidavit of indigence. We ordered those portions of the record necessary to review the order on the contest.

On November 12, 2004, this court issued an order upholding the trial court=s order, sustaining the contest to appellant=s affidavit of indigence. In this order, we directed appellant to provide proof of payment for the clerk=s record on or before November 29, 2004, or the court would dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b).

Appellant filed a response in opposition to our order, but failed to provide proof of payment for the record.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 13, 2005.

Panel consists of Justices Anderson, Hudson, and Frost.