On September 29, 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 he needed time for filing the record. The appellant did not file a response. It appears that the appellant is not entitled to proceed without payment of costs. See Tex. R. App. P. 20.2. There being no satisfactory explanation for the failure to file the record, the appeal is dismissed for want of prosecution. See Tex. R. App. P. 37.3(b).

APPEAL DISMISSED.

__________________________________

CHARLES KREGER

Justice

Opinion Delivered November 12, 2009

Do not publish

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