Moorev.State

Court of Appeals of Texas, Ninth District, BeaumontFeb 1, 2007
No. 09-06-492 CV (Tex. App. Feb. 1, 2007)

No. 09-06-492 CV

Opinion Delivered February 1, 2007.

Appeal from the 58th District Court Jefferson County, Texas, Trial Cause No. A-177,379.

Before MCKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


STEVE McKEITHEN, Chief Justice.

On December 21, 2006, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why he needed additional time to file the record. Appellant did not respond. The appellant did not file an affidavit of indigence and is not entitled to proceed without payment of costs. Tex. R. App. P. 20.1. There being no satisfactory explanation for the failure to file the record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b). Costs are assessed against appellant.

APPEAL DISMISSED.