Because John L. Williamson has neither paid for nor made arrangements to pay for the clerk's record, we will dismiss this appeal for want of prosecution. See Tex. R. App. P. 35.3(a)(2).

John L. Williamson filed an appeal on the merits of the trial court's decision of April 21, 1998, granting plea to the jurisdiction and sustaining a contest to his affidavit of inability to pay costs of appeal. On October 16, 1998, this Court ordered the clerk and court reporter to prepare without charge and file the portions of the record necessary to review the order sustaining the contest to the affidavit of indigence. After reviewing the clerk's record, the court reporter's record, appellant's brief, appellee's response, and appellant's reply brief, this Court affirmed that part of the trial court's order upholding the contest to appellant's affidavit of inability to pay costs of appeal.

Accordingly, appellant was ordered to deposit with the district clerk and the Clerk of this Court sums sufficient for all court costs. Appellant was further advised that failure to pay, or make arrangements for the payment of said costs before July 5, 1999, might result in the dismissal of this appeal for want of prosecution. The clerk of the trial court and the court reporter were ordered to file their respective records within thirty days of the payment of costs, but in no event shall they be filed later than August 4, 1999,

Notice was received from both the Travis County district clerk's office and the court reporter for the 250th District Court on September 29, 1999, that appellant had neither paid nor made arrangements for the payment of costs.

Accordingly, we dismiss the appeal for want of prosecution on our own motion. See id. 42.3(b).

Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

Dismissed for Want of Prosecution

Filed: October 7, 1999

Do Not Publish