Opinion

Appellant, Harry R. Heard, filed a Notice of Appeal from a judgment in a probate proceeding. The record was due to be filed April 15, 2002. The reporter's record was not filed timely, and when we contacted counsel and the court reporter, we discovered that appellant neither requested nor paid for preparation of the record.

On July 29, 2002, we contacted counsel by letter. We warned counsel that the record was over ninety days past due and that if we did not receive information within ten days to show that the appellant was making a positive effort to pursue his appeal, it would be subject to dismissal for want of prosecution. Tex. R. App. P. 42.3. Fifteen days have now elapsed since the date of our letter without any indication that Heard wishes to pursue the appeal with effect. Further, appellant's counsel has contacted this court by telephone and informed us that his client has failed to provide funds for the preparation of the record.

The appeal is dismissed for want of prosecution.

Ben Z. Grant

Justice

Date Submitted: August 14, 2002

Date Decided: August 15, 2002

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