Wanda Forshage, et ux., Alan Forshage v. Randall P. Westman, D.D.S., Cosmetic & Family Dentistry, Inc. and Randall P. Westman, Individually--Appeal from 166th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00529-CV

Wanda FORSHAGE, et ux., Alan Forshage

Appellant

v.

Randall P. WESTMAN, D.D.S., Cosmetic & Family Dentistry, Inc.

and Randall P. Westman, Individually

Appellees

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2003-CI-10398

Honorable John J. Specia, Jr., Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: September 21, 2005

DISMISSED FOR WANT OF PROSECUTION

The clerk s record was originally due on July 25, 2005. On July 28, 2005, the trial court clerk filed a Notice of Late Record, stating that the clerk s record is complete, but has not been filed because appellant has failed to pay or make arrangements to pay the clerk s fee for preparing the record and appellant is not entitled to appeal without paying the fee. Accordingly, on August 4, 2005, this court ordered appellant to provide written proof to this court no later than August 15, 2005 that either (1) the clerk s fee has been paid or arrangements have been made to pay the clerk s fee; or (2) appellant is entitled to appeal without paying the clerk s fee. Our order informed appellant that if she failed to respond within the time provided, this appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). Also, appellant has failed to pay the $125 filing fee. See Tex. Gov t Code Ann. 51.207(b)(1), 51.941(a)(1) (Vernon 2005); Texas Supreme Court Order Regarding Fees Charged In Civil Cases In the Supreme Court and the Courts of Appeals (July 21, 1998) B.1.(a). The clerk of the court notified appellant of this deficiency in a letter dated July 29, 2005. The fee remains unpaid.

Appellant has not responded to our order of August 4, 2005; therefore, this appeal is dismissed for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b). Costs of appeal are taxed against appellant.

PER CURIAM