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REYES CONSTRUCTION, INC., APPELLANT,

PANKAJ (P.K.) PATEL & RRAVIN BHAKTA, APPELLEES.

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Appellant, Reyes Construction, Inc., perfected an appeal from a judgment rendered against it in favor of appellee, Pankaj (P.K.) Patel & Rravin Bhakta. On January 6, 2009, the Clerk of this Court notified appellant that the clerk's record in the above cause was originally due on January 5, 2009, and that the deputy district clerk, Christina Tusa, had notified this Court that appellant failed to make arrangements for payment of the clerk's record. The Clerk of this Court notified appellant of this defect so that steps could be taken to correct the defect, if it could be done. See Tex. R. App. P. 37.3, 42.3(b),(c). Appellant was advised that, if the defect was not corrected within ten days from the date of receipt of this notice, the appeal would be dismissed for want of prosecution.

Appellant has failed to respond to this Court's notice. Accordingly, the appeal is DISMISSED FOR WANT OF PROSECUTION. See Tex. R. App. P. 42.3(b),(c).

PER CURIAM

Memorandum Opinion delivered

and filed this the 26th day of February, 2009.