Biolustre, Inc. v. Stanka P. Woods Living Trust--Appeal from 131st Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00639-CV BIOLUSTRE, INC., Appellant v. STANKA P. WOODS LIVING TRUST, Appellee From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2009-CI-17158 Honorable Peter A. Sakai, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: December 5, 2012 DISMISSED FOR WANT OF PROSECUTION On November 1, 2012, the trial court clerk filed a notification of late record, stating that the clerk s record had not been filed because appellant had failed to pay or make arrangements to pay the clerk s fee for preparing the record and that appellant is not entitled to appeal without paying the fee. On November 6, 2012, appellant was ordered to provide written proof to this court by November 16, 2012, establishing that either (1) the clerk s fee had been paid or arrangements had been made to pay the clerk s fee; or (2) appellant is entitled to appeal without paying the clerk s fee. The order cautioned appellant that if no response was filed within the time provided, the appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Appellant did not respond to this court s order. Therefore, the appeal is dismissed for want of prosecution. See id. Costs of appeal are taxed against appellant. PER CURIAM
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