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Fourth Court of Appeals San Antonio, TexasDec 4, 2018
No. 04-18-00768-CV (Tex. App. Dec. 4, 2018)

No. 04-18-00768-CV


Mark HOMER a/k/a Doc's Space Center, Appellant v. Ernesto MARTINEZ, Appellee


From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 380903A
Honorable David J. Rodriguez, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice DISMISSED FOR WANT OF PROSECUTION

In this appeal, the clerk's record was due on October 29, 2018. See TEX. R. APP. P. 35.1. A few days later, the Bexar County District Clerk notified this court that Appellant Mark Homer a/k/a Doc's Space Center had not paid the clerk's fee for preparing the record and Appellant is not entitled to a free clerk's record.

On November 15, 2018, we ordered Appellant to file written proof with this court by November 26, 2018, 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. We warned Appellant that if he failed to respond as ordered, this appeal would be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).

To date, Appellant has not filed any response with this court. Therefore, we dismiss this appeal for want of prosecution. See id. R. 37.3(b), 42.3(b), (c).