The clerk's fee has not been paid and the clerk's record has not been filed. See Tex. R. App. P. 35.3(a). The Court notified appellant's attorney of record that the appeal would be dismissed if the clerk's record was not paid for by July 20, 2009. No payment has been made, and counsel has informed the Court that appellant does not intend to pursue the appeal. The appeal is dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

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Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Pemberton

Dismissed for Want of Prosecution

Filed: August 6, 2009

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