Basem Mishal, Individually and d/b/a Safe Motors and World Motors v. Tom Vela, Individually, and Debi Farmer, and Associated Carriages, Inc.--Appeal from 166th Judicial District Court of Bexar County

No. 04-00-00795-CV
Basem MISHAL, et al.,
Appellants
v.
Tom VELA, et al.,
Appellees
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2000-CI-12164
Honorable Pat Boone, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: February 28, 2001

DISMISSED FOR LACK OF PROSECUTION

The clerk's record in the above numbered and styled appeal was due to be filed in this court by December 19, 2000. When the clerk's record was not filed, we sent a letter to the clerk asking why the record had not been filed. In response, the clerk filed a notice of late record stating that the appellant was not entitled to appeal without paying the clerk's fee for preparing the clerk's record, and that the appellant had failed to pay or make arrangements to pay the clerk's fee. We then ordered the appellant to provide written proof, by February 9, 2001, that either (1) the clerk's fee had been paid or arrangements had been made to pay the clerk's fee; or (2) the appellant was entitled to appeal without paying the clerk's fee. See Tex. R. App. P. 37.3(b). We instructed that if the appellant failed to respond by February 9, 2001, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). The appellant did not respond. As a result, we dismiss this appeal for want of prosecution. See id. R. 42.3. The costs of the appeal are taxed against the appellant.

PER CURIAM

DO NOT PUBLISH