Thera Querner; and Daniel R. Rutherford, Individually; Rutherford, Rutherford & Bettersworth, P.L.L.C. v. Law Offices of A. Chris Heinrichs, P.C.; A. Chris Heinrichs, Individually; Dan Neelon; and Jimmie L. Querner, Jr.--Appeal from 224th Judicial District Court of Bexar County

No. 04-00-00741-CV

Thera QUERNER,
Appellant
v.
Law Offices of A. Chris Heinrichs, P.C.,
A. Chris Heinrichs, Dan Neelon, and Jimmie L. Querner,
Appellees

From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 1998-CI-13071
Honorable Michael P. Peden, Judge Presiding

PER CURIAM

Sitting: Phil Hardberger, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: March 14, 2001

APPEAL DISMISSED FOR WANT OF PROSECUTION

The clerk's and reporter's records were due December 4, 2000, but were not filed. On December 12, 2000, the clerk and court reporter each filed a notification of late record stating the records had not been filed because appellant had not paid or made arrangements to pay the clerk's and reporter's fees to prepare the record and appellant is not entitled to appeal without paying the fees. Accordingly, on December 19, 2000, we ordered appellant Thera Querner to provide written proof to this court on or before January 9, 2001 that either (1) the clerk's and reporter's fees have been paid or arrangements satisfactory to the clerk and reporter have been made to pay the fees; or (2) appellant is entitled to appeal without paying the fees. See Tex. R. App. P. 20.1 and 35.3(a), (b). We advised appellant that her failure to comply would result in the appeal being dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

Querner responded on December 29, 2000 by filing a motion to abate this appeal indefinitely so she could obtain new counsel. On January 16, 2001, we denied the motion to abate; however, we granted Querner an extension of time until January 29, 2001 to make arrangements for filing the record. We again advised Querner that her appeal would be dismissed for want of prosecution if she failed to provide written proof by the date ordered that the clerk's fees have been paid or satisfactory arrangements for their payment have been made, or that appellant is entitled to appeal without paying the fees. See Tex. R. App. P. 20.1, 35.3(a), (b), 37.3(b).

Querner filed a motion for reconsideration of our January 16, 2001 order. She has not filed the proof required by our January 16, 2001 order, and neither the clerk's nor the reporter's record has been filed. We deny the motion for reconsideration and order this appeal dismissed for want of prosecution.

PER CURIAM

DO NOT PUBLISH