Opinion filed November 19, 2009

In The

Eleventh Court of Appeals ____________ No. 11-09-00229-CV __________ MOHAMMED J. KHAN, Appellant V. MEMBERS TRUST OF THE SOUTHWEST FCU, Appellee

On Appeal from the County Court at Law Erath County, Texas Trial Court Cause No. CV06869

MEMORANDUM OPINION The trial court signed its judgment on June 9, 2009. Appellant filed both a motion for new trial and a notice of appeal. An affidavit of inability to pay costs was not filed. When the record was not filed pursuant to TEX . R. APP . P. 35, the clerk of this court notified the parties stating that the due date had been extended until October 7, 2009. TEX . R. APP . P. 37.3(a). As of this date, the record has not been filed in this court.

Pursuant to TEX . R. APP . P. 37.3(b), it appears that the failure to file the record is due to appellant’s actions. Therefore, the appeal is dismissed.

November 19, 2009 PER CURIAM Panel consists of: Wright, C.J., McCall, J., and Strange, J.