Opinion filed November 3, 2005

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-05-00143-CV

                                                    __________

                                      LESLIE GARNETT, Appellant

                                                             V.

   OLIVER DAVIS, INDIVIDUALLY AND D/B/A O. D. DISTRIBUTING CO.,                                                              Appellee

                                        On Appeal from the County Court at Law

                                                        Midland County, Texas

                                                Trial Court Cause No. CC-11640

                                              M E M O R A N D U M   O P I N I O N

The judgment was signed on March 23, 2005.  Both a motion for new trial and a notice of appeal were timely filed.  On August 4, 2005, this court issued an order determining that Leslie Garnett had not filed a proper affidavit with his affidavit of inability to pay costs on appeal.  The August 4 order directed Garnett to file the clerk=s record and the reporter=s record in this court on or before October 11, 2005.

On September 29, 2005, the clerk of the trial court informed this court in writing that Garnett had neither filed a designation of record nor made financial arrangements for the record.  The clerk of this court wrote Garnett on September 29, 2005, and advised him to forward to this court proof that he had filed in the trial court by October 14, 2005, a designation of the appellate record and payment for the appellate record.  Garnett has not complied with our letter of September 29.  On October 24, 2005, the court reporter informed this court in writing that Garnett had not paid for the reporter=s record on the merits.

As of this date, neither the clerk=s record nor the reporter=s record on the merits have been filed.  The failure to file the clerk=s record and the reporter=s record on the merits of this appeal appear to be due to Garnett=s actions.  TEX.R.APP.P.37.3(b) & (c).

The motion to dismiss for want of prosecution filed in this court by Oliver Davis individually and d/b/a O. D. Distributing Co. is granted.

The appeal is dismissed.

PER CURIAM

November 3, 2005

Not designated for publication.  See TEX.R.APP.P. 47.2(a).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.