Ruben Rios, Francisca Orona, Guadalupe Rosales, Adrian Rios and Christian Rios, Individually and as Next of Kin of Francisco Rios, Deceased, Pedro Palacios, Juan Carlos Rios and Noe Rios, Individually v. Alyssa Ann Akins; and QCD of Texas, Inc. d/b/a QCD of America--Appeal from 261st District Court of Travis County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-08-00629-CV Ruben Rios, Francisca Orona, Guadalupe Rosales, Adrian Rios and Christian Rios, Individually and as Next of Kin of Francisco Rios, deceased, Pedro Palacios, Juan Carlos Rios and Noe Rios, Appellants v. Alyssa Ann Akins; and QCD of Texas, Inc. d/b/a QCD of America, Appellees FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT NO. GN402027, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING MEMORANDUM OPINION The clerk s record in this case was due on May 2, 2008. No clerk s record has been filed due to appellant s failure to pay or make arrangements to pay the clerk s fee for preparing the clerk s record. If the trial court fails to file the clerk s record due to appellant s failure to pay or make arrangements to pay the clerk s fee for preparing the clerk s record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b). Because appellant has failed to pay or make arrangements to pay the clerk s fee for preparing the clerk s record, this appeal is dismissed for want of prosecution. ___________________________________________ Diane M. Henson, Justice Before Justices Patterson, Waldrop and Henson Dismissed for Want of Prosecution Filed: January 9, 2008 2

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