On August 24, 2009, we notified the parties that the appeal would be dismissed unless the appellant remitted the filing fee for the appeal and 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. Appellant did not respond. The appellant did not file an affidavit of indigence and has not requested to proceed without payment of costs. Tex. R. App. P. 20.1. Appellant has failed to prosecute this appeal and no effective order stays this court from proceeding with the disposition of this appeal. The appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b). Costs are assessed against the appellant.

APPEAL DISMISSED.

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CHARLES KREGER

Justice

Opinion Delivered October 29, 2009

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