Marilyn Ware and Husband William Jack Ware v. Madisonville Health Care investors, L.P. d/b/a Brame Skilled Nursing and Rehabilitation Center, a Division of Brame Associates, Inc.--Appeal from 278th District Court of Madison County

IN THE

TENTH COURT OF APPEALS

No. 10-00-343-CV

MARILYN WARE AND HUSBAND

WILLIAM JACK WARE,

Appellants

v.

MADISONVILLE HEALTH CARE

INVESTORS, L.P. D/B/A BRAME

SKILLED NURSING AND REHABILITATION

CENTER, A DIVISION OF BRAME

ASSOCIATES INC.,

Appellees

From the 278th District Court

Madison County, Texas

Trial Court # 97-8231-278-10

MEMORANDUM OPINION

Marilyn and William Ware filed a notice of appeal on October 13, 2001. On February 27, 2001, we notified the clerk that the record was past due. The clerk notified us that her failure to file the clerk s record was due to the appellants failure to pay for the preparation of that record. On March 8, we warned the appellants that failure to make arrangements for payment of the clerk s fee would result in the dismissal of this appeal for want of prosecution. See Tex. R. App. P. 37.3(b). We have not received a response.

Appellate Rule 37.3(b) provides that if an appellant fails to pay the clerk s fee for preparation of the clerk s record, the Court may:

dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. The court must give the appellant a reasonable opportunity to cure before dismissal.

Id.

More than sixty days have passed since we requested the appellants to pay or make arrangements to pay the clerk s fee. Having received no response, we accordingly dismiss the appeal for want of prosecution. Id. 37.3(b). Costs are taxed against the appellants.

PER CURIAM

Before Chief Justice Davis,

Justice Vance, and

Justice Gray

Dismissed for want of prosecution

Opinion delivered and filed May 30, 2001

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