MARY'S OPINION HEADING

NO. 12-03-00412-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ROBERT ROBINSON,

§APPEAL FROM THE SECOND

APPELLANT

V.

§JUDICIAL DISTRICT COURT OF

CHEROKEE COUNTY, TEXAS AND

STATE BAR OF TEXAS,

§CHEROKEE COUNTY, TEXAS

APPELLEES

______________________________________________________________________________

MEMORANDUM OPINION

PER CURIAM

This appeal is being dismissed for want of prosecution. Tex. R. App. P. 42.3(b). The trial court signed its judgment on November 13, 2003, making the clerk's record due on January 12, 2004. By way of request for extension, this deadline was extended to February 11, 2004, and then to March 1, 2004. On February 25, 2004, this court advised Appellant that, pursuant to Texas Rule of Appellate Procedure 42.3(c), this appeal would be subject to dismissal unless proof of full payment to the trial court clerk is provided to this court by March 8, 2004. This court extended the deadline for filing the clerk's record to March 18, 2004. On March 10, 2004, the Cherokee County Clerk informed this court that Appellant had paid only a portion of the amount due for the preparation of the clerk's record and had not made any arrangement to pay the remainder owed for the record. The clerk also stated that Appellant is not entitled to appeal without paying the fee. As of March 17, 2004, Appellant has failed to provide proof of full payment. Accordingly, Appellant's appeal is dismissed for want of prosecution pursuant to Texas Rule of Appellate Procedure 42.3(b).

Opinion delivered March 17, 2004.

Panel consisted of Griffith, J. and DeVasto, J.

Worthen, C.J., not participating.

(PUBLISH)