LARRY WEAVER AND ANGELA WEAVER v. LUIS F. CORREA, M.D. AND VALLEY BAPTIST MEDICAL, ET AL.--Appeal from 138th District Court of Cameron County

NUMBER 13-01-236-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

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LARRY WEAVER AND ANGELA WEAVER , Appellants,

v.

LUIS F. CORREA, M.D. AND VALLEY BAPTIST MEDICAL, ET AL. , Appellees.

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On appeal from the 138th District Court

of Cameron County, Texas.

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O P I N I O N

Before Chief Justice Valdez and Justices Hinojosa and Ya ez

Opinion Per Curiam

Appellants, LARRY WEAVER AND ANGELA WEAVER , perfected an appeal from a judgment entered by the 138th District Court of Cameron County, Texas, in cause number 99-12-5347-B . No clerk's record has been filed due to appellants' failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record.

If the trial court clerk fails to file the clerk's record because the appellant failed 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).

On May 10, 2001 , notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b). Appellants were given ten days to explain why the cause should not be dismissed. No response has been received from appellants; however, on June 14, 2001, a certified copy of the trial court's order granting appellants' motion to withdraw notice of appeal was received in this Court. The Court, having examined and fully considered the documents on file, appellants' failure to pay or make arrangements to pay the clerk's fee for preparing the clerk's record, this Court's notice, and the trial court's order granting appellants' motion to withdraw notice of appeal, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 28th day of June, 2001.