Opinion issued August 15, 2008

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00705-CV

____________

TRED HOLDINGS L.P. D/B/A INVESTOR LENDING SERVICES, Appellant

V.

THE LEVIATHAN ENTERPRISES GROUP, INC., Appellee

On Appeal from the County Court at Law No. 4 & Probate Court

Brazoria County, Texas

Trial Court Cause No. C1038942

MEMORANDUM OPINION

          We dismiss this appeal for want of prosecution. The court reporter has not filed the reporter’s record because appellant Tred Holdings L.P. d/b/a Investor Lending Services either (1) failed to request a reporter’s record or (2) failed to pay or make arrangements to pay the reporter’s fee for preparing the reporter’s record. See Tex. R. App. P. 37.3(c). Appellant Tred Holdings L.P. d/b/a Investor Lending Services are not entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. The Clerk of this Court notified and gave appellant Tred Holdings L.P. d/b/a Investor Lending Services a deadline to present written evidence from the court reporter that appellant Tred Holdings L.P. d/b/a Investor Lending Services paid or made arrangements to pay the reporter’s fee for preparing the reporter’s record. Appellant Tred Holdings L.P. d/b/a Investor Lending Services did not adequately respond by the deadline.

          The Clerk of this Court further notified appellant Tred Holdings L.P. d/b/a Investor Lending Services that if written evidence from the court reporter that appellant Tred Holdings L.P. d/b/a Investor Lending Services has not paid or made arrangements to pay the reporter’s fee for preparing the reporter’s record was not received in the Clerk’s office by the deadline, either appellant’s Tred Holdings L.P. d/b/a Investor Lending Services’ brief or a motion to extend time to file the brief would be due at that time if the clerk’s record had been filed in this Court for at least thirty days. See Tex. R. App. P. 10.5(b), 38.6(a), (d). Finally, the Clerk notified appellant Tred Holdings L.P. d/b/a Investor Lending Services that the Court may dismiss the appeal for want of prosecution if the brief or a meritorious motion to extend time was not timely filed. See Tex. R. App. P. 38.8(a)(1).

          The clerk’s record has been filed in this Court for at least thirty days. Appellant Tred Holdings L.P. d/b/a Investor Lending Services did not timely file a brief or a meritorious motion to extend time. Accordingly, the Court dismisses the appeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1).

PER CURIAM

Panel consists of Justices Jennings, Keyes, and Higley.