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MEMORANDUM OPINION No. 04-08-00872-CV Jose Luis AGUILAR and Lorena Aguilar, Appellants v. BEXAR COUNTY HOSPITAL DISTRICT d/b/a University Health System, Appellee From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2005-CI-14545 Honorable Karen Pozza, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: January 14, 2009 DISMISSED FOR WANT OF PROSECUTION On December 2, 2008, the trial court clerk notified this court that the clerk’s record was not filed because appellants failed to pay or make arrangements to pay the clerk’s fee for preparing the record and that appellants were not entitled to appeal without paying the fee. We subsequently ordered appellants to provide written proof to this court that either: (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk’s fee; or (2) appellants are entitled to appeal without paying the clerk’s fee. We warned appellants that if they failed to respond within the time 04-08-00872-CV provided, we would dismiss their appeal for want of prosecution. See TEX . R. APP . P. 37.3(b).

Appellants have not filed a response and the clerk’s record has not been filed. We, therefore, order this appeal dismissed for want of prosecution.

PER CURIAM

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