MEMORANDUM OPINION

No. 04-06-00238-CV

IN THE MATTER OF ESTATE OF ALBERT JOHN CLARK, SR., Deceased

From Probate Court No. 1, Bexar County, Texas

Trial Court No. 2002-PC-2161

Honorable Polly Jackson Spencer, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion , Justice

Phylis J. Speedlin , Justice

Rebecca Simmons , Justice

Delivered and Filed: October 18, 2006

APPEAL DISMISSED FOR FAILURE TO PROSECUTE

On September 13, 2006, this court affirmed the trial court's order sustaining contests to Irene Hernandez's affidavit of indigence. We ordered Hernandez to file, within fifteen days of the date of the opinion, evidence that she has made appropriate arrangements for payment of the clerk's and reporter's record on appeal. Our opinion and order stated that if Hernandez failed to make appropriate arrangements for payment of the clerk's record, this appeal would be subject to dismissal for failure to prosecute. Appellant has failed to comply with the order. Therefore, we dismiss the appeal for failure to prosecute. See Tex. R. App. P. 42.3(c). Costs of appeal are taxed against appellant.

PER CURIAM