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LELETIA SMITH

TOYOTA MOTOR SALES, U.S.A., INC.,

D/B/A LEXUS, ET AL.

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Opinion

Appellant, LELETIA SMITH, perfected an appeal from a judgment entered by the 377th District Court of Victoria County, Texas, in cause number 96-8-49,572-D. On April 19, 2000, the District Clerk notified this Court that the clerk's record had not been filed because appellant had not paid or made arrangements for payment of the clerk's fee for preparation of the clerk's record. On April 26, 2000, in accordance with Tex. R. App. P. 37.3(b), notice was given to appellant that this appeal was subject to dismissal. Appellant was advised that, unless this defect was corrected within ten days from the date of receipt of this Court's notice, this appeal would be dismissed for want of prosecution. To date, no response has been received.

The Court, having examined and fully considered the documents on file, appellant's failure to pay or make arrangements for payment of the clerk's fee for preparation of the clerk's record, this Court's notice, and appellant's failure to respond, is of the opinion that the appeal should be dismissed. The appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

PER CURIAM

Do not publish.

Tex. R. App. P. 47.3.

Opinion delivered and filed

this the 18^th day of May, 2000