TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00606-CV

Dimitry Wanda, Appellant v. Katherine J. Walters and Richie & Gueringer, P.C., Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 98TH JUDICIAL DISTRICT NO. GN401381, HONORABLE W. JEANNE MEURER, JUDGE PRESIDING

MEMORANDUM OPINION Appellant Dimitry Wanda filed his notice of appeal on September 14, 2004. The district clerk’s office notified this Court on October 12, 2004, that no payment arrangements had been made for the clerk’s record. By letter of October 19, 2004, appellant was instructed to respond concerning the status of the appeal by October 29, 2004, or his appeal would be dismissed for want of prosecution. See Tex. R. App. P. 37.3(b). To date, appellant has not made payment arrangements or responded in any way to our notice. Accordingly, we dismiss the appeal for want of prosecution.

See Tex. R. App. P. 42.3(b), (c).1

W. Kenneth Law, Chief Justice Before Chief Justice Law, Justices B. A. Smith and Puryear Dismissed for Want of Prosecution Filed: January 28, 2005

Appellant has not paid the filing fees due in this Court either. See Tex. Gov’t Code Ann. § 51.207 (West Supp. 2004-05).