Opinion filed July 24, 2008

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-08-00076-CV

               _________

                 CONCERNED CITIZENS OF SOUTH ODESSA, Appellant

                                                             V.

                    HUNTSMAN POLYMERS CORPORATION, Appellee

                                         On Appeal from the 244th District Court

                                                           Ector County, Texas

                                                Trial Court Cause No. C-110,296

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

The trial court signed the take-nothing judgment on January 21, 2008.  Appellant filed a notice of appeal and did not file an affidavit of inability to pay costs on appeal pursuant to Tex. R. App. P. 20.1.  Appellant has also filed the requisite filing fee in this court.  The clerk of the trial court has informed this court that appellant has neither paid for nor made arrangements to pay for the clerk=s record.

On July 1, 2008, the clerk of this court wrote the parties advising them that, unless appellant forwarded to this court by July 16, 2008, proof of payment for the clerk=s record, the appeal would be subject to dismissal for want of prosecution.  Appellant has not responded to our letter of July 1.  We note that time for filing the clerk=s record has been extended by this court.  Tex. R. App. P. 37.3(a)(1).

The failure to file the clerk=s record appears to be due to appellant=s actions. Tex. R. App. P. 37.3(b).  Therefore, this appeal is dismissed.

PER CURIAM

July 24, 2008  

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.