On October 7, 2009, 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 additional time was needed to file the record. The appellant did not respond to the Court's notices. The appellant did not file an affidavit of indigence and is not entitled to proceed without payment of costs. See 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); Tex. R. App. P. 42.3. Costs are assessed against the appellant.

APPEAL DISMISSED.

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STEVE McKEITHEN

Chief Justice

Opinion Delivered November 19, 2009

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