On January 5, 2006, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why he needed time for filing the record. Appellant did not respond. The appellant is not entitled to proceed without payment of costs. Tex. R. App. P. 20.1. There being no satisfactory explanation for the failure to file the record, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b). Costs are assessed against appellant.

APPEAL DISMISSED.

___________________________

DAVID GAULTNEY

Justice

Opinion Delivered February 16, 2006

Before McKeithen, C.J., Gaultney, and Horton, JJ.