The clerk's record and reporter's record in this cause were due on August 8, 2003. In response to a notification from the Clerk of this Court concerning the overdue records, the district clerk's office of Travis County and the court reporter for the cause notified this Court that appellant had not made payment arrangements. No affidavit of indigence was filed with or before the notice of appeal. ⁽¹⁾ Tex. R. App. P. 20.1(c)(1) (affidavit of indigence must be filed in trial court with or before notice of appeal). By letter of November 21, 2003, this Court notified appellant that the record problem had to be cured by December 5, 2003, or the appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b) (if no clerk's record filed due to appellant's failure to pay for record or make payment arrangements, court may dismiss appeal for want of prosecution). To date, appellant has not made payment arrangements. Accordingly, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 42.3(b) (dismissal for want of prosecution).

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Bob Pemberton, Justice

Before Justices Kidd, Puryear and Pemberton

Dismissed for Want of Prosecution

Filed: January 23, 2004

1. No affidavit of indigence has ever been filed.