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

                                              M E M O R A N D U M   O P I N I O N

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.