On December 13, 2003, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why he needed time for filing the record. Counsel for appellant notified the Court that the appellant did not desire to pursue the appeal. It appears that the appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20.2. There being no satisfactory explanation for the failure to file the record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b).

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered January 29, 2004

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.