Manouch Reza Shahbaz and Kayvon Food Services, Ltd. v. Ultrafryer Systems, Inc.--Appeal from 288th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-03-00951-CV
Manouch Reza SHAHBAZ and Kayvon Food Services, Ltd.,
Appellants
v.
ULTRAFRYER SYSTEMS, INC.,
Appellee
From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2003-CI-02197
Honorable Rebecca Simmons, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: March 24, 2004

DISMISSED FOR WANT OF PROSECUTION

On February 20, 2004, the trial court clerk filed a notification of late record, stating that the clerk's record had not been filed because appellants had failed to pay or make arrangements to pay the clerk's fee for preparing the record and appellants are not entitled to appeal without paying the fee. On February 23, 2004, we ordered appellants to provide written proof to this court that either: (1) the clerk's fee had been paid or arrangements had been made to pay the clerk's fee; or (2) appellants are entitled to appeal without paying the clerk's fee. Appellants failed to respond to our order. The appeal is therefore dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Costs of appeal are taxed against appellants.

PER CURIAM