COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

MEMORANDUM OPINION

           On August 27, 2004, this Court provided notice that it had received notice that no Designation of Record or financial arrangements had been made in connection with the clerk’s record in this case. It also provided notice that the clerk’s record was due on August 14, 2004. It further indicated its intent to dismiss the case pending before this Court under Tex. R. App. P. 37.3 for the reason that Appellant has failed to file the clerk’s record and appeared to no longer desire to prosecute the appeal. The notice provided that Appellant must show grounds for continuing the appeal within 10 days from the date of the notice. Not having received a response from Appellant nor the clerk’s record in this case, this Court, pursuant to Tex. R. App. P. 42.3, and on its own motion, hereby dismisses this appeal for want of prosecution.

           We therefore dismiss this appeal.

                                                                  RICHARD BARAJAS, Chief Justice

October 21, 2004

Before Panel No. 4

Barajas, C.J., Larsen, and McClure, JJ.