In The

Court of Appeals

For The

First District of Texas

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NO. 01-02-00007-CV

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PETER THORNFIELD AND AMERICAN BUILDER AND CONSTRUCTION, Appellant

V.

GAGE RESIDENTIAL ROOFING, INC., Appellee

On Appeal from the County Civil Court at Law No. 3

Harris County, Texas

Trial Court Cause No. 714962

MEMORANDUM OPINION

This is an appeal from a judgment signed on October 5, 2001. The clerk's record was filed on January 8, 2002. The reporter's record has not been filed due to nonpayment, and appellant has not filed his brief. We dismiss this appeal for want of prosecution.

Because appellant has failed to request the reporter's record, is not entitled to proceed as a pauper, and has failed to pay for or make arrangements to pay for the preparation of the reporter's record, on January 23, 2003 we ordered that appellant's appeal was to be decided on those issues or points that do not require a reporter's record. Tex. R. App. P. 37.3 (c). On January 23, 2003, we further ordered that appellant's brief be filed by February 3, 2003 or this case will be dismissed for want of prosecution without further notice. Tex. R. App. P. 38.8 (a)(1).

To date, appellant has not filed his brief. Accordingly, for the reasons set forth in this Court's order dated January 23, 2003, the appeal is dismissed for want of prosecution. Tex. R. App. P. 42.3 (b). All other pending motions in this appeal are overruled as moot.

PER CURIAMPanel consists of Justices Hedges, Alcala, and Higley.