NUMBER 13-04-112-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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TEOFILO NORBERTO FLORES,                                            Appellant,

v.

TEXAS DEPARTMENT OF PUBLIC SAFETY,                          Appellee.

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On appeal from County Court at Law No. 3

of Cameron County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Rodriguez, and Castillo

Memorandum Opinion Per Curiam

         Appellant, TEOFILO NORBERTO FLORES, perfected an appeal from a judgment entered by County Court at Law No. 3 of Cameron County, Texas, in cause number 2003-CCL-852-C. No clerk’s record has been filed due to appellant’s failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record.

         If the trial court clerk fails to file the clerk’s record because the appellant failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, the appellate court may dismiss the appeal for want of prosecution unless the appellant was entitled to proceed without payment of costs. Tex. R. App. P. 37.3(b).

         On June 23, 2004, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b). Appellant was given ten days to explain why the cause should not be dismissed. To date, no response has been received from appellant. Appellee has filed a motion to dismiss the appeal for want of prosecution.

         The Court, having examined and fully considered the documents on file, appellant’s failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, appellant’s failure to respond to this Court’s notice, and appellee’s motion to dismiss the appeal, is of the opinion that the appeal should be dismissed for want of prosecution. Appellee’s motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

                                                               PER CURIAM

Memorandum Opinion delivered and filed

this the 21st day of October, 2004.