NUMBER 13-03-463-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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FRANK AND CYNTHIA ALDRIDGE,                                    Appellants,

v.

LETHA AND ROBERT BLAIN,                                             Appellees.

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On appeal from the 24th District Court

of De Witt County, Texas.

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MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Opinion Per Curiam

         Appellants, FRANK AND CYNTHIA ALDRIDGE, perfected an appeal from a judgment entered by the 24th District Court of De Witt County, Texas, in cause number 98-12-17,896. No clerk’s record has been filed due to appellants’ 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 October 21, 2003, notice was given to all parties that this appeal was subject to dismissal pursuant to Tex. R. App. P. 37.3(b). Appellants were given ten days to explain why the cause should not be dismissed. To date, no response has been received from appellants. Appellees have filed a motion to dismiss the appeal.          The Court, having examined and fully considered the documents on file, appellants’ failure to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, this Court’s notice, appellants’ failure to respond, and appellees’ motion to dismiss, is of the opinion that the appeal should be dismissed for want of prosecution. Appellees’ motion to dismiss the appeal is GRANTED, and the appeal is hereby DISMISSED FOR WANT OF PROSECUTION.

                                                                                 PER CURIAM

Opinion delivered and filed

this 22nd day of January, 2004.