IN THE TENTH COURT OF APPEALS No. 10-08-00377-CV MARY ANN PALMER MCDANIEL, Appellant v. CURTIS GOOSBY, Appellee

From the 361st District Court Brazos County, Texas Trial Court No. 08-001507-CV-361

MEMORANDUM OPINION

By letter dated September 1, 2009, the Clerk of this Court notified Appellant Mary Ann Palmer McDaniel that the clerk’s record in the above cause had apparently not been filed because Appellant had failed to pay or make arrangements to pay the clerk’s fee for preparation of the record. Appellant was further notified that if she desired to proceed with this appeal, she must pay or make arrangements to pay the clerk’s fee and notify this Court of the actions taken within 21 days after the date of this letter. Appellant was warned that if she failed to do so, this appeal may be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).

More than 21 days have passed, and we have not been notified that Appellant has paid or made arrangements to pay the clerk’s fee. Accordingly, this appeal is dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b); 42.3(b).

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed October 14, 2009 [CV06]

McDaniel v. Goosby Page 2