MEMORANDUM OPINION No. 04-09-00775-CV Cynthia ALAQUINEZ, Appellant v. Albert C. ALAQUINEZ, Appellee From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2007-CI-15504 Honorable David Berchelmann, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: January 27, 2010 DISMISSED FOR WANT OF PROSECUTION On December 11, 2009, we notified appellant that the trial court clerk had filed a notification of late clerk’s record, stating that the clerk’s record has not been filed because appellant has failed to pay or make arrangements to pay the clerk’s fee for preparing the record and appellant is not entitled to appeal without paying the fee. We, therefore, ORDERED appellant to provide written proof to this court on or before December 21, 2009, that either (1) the clerk’s fee had been paid or arrangements had been made to pay the clerk’s fee; or (2) 04-09-00775-CV

appellant is entitled to appeal without paying the clerk’s fee. We warned that if appellant failed to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). As of this date, appellant has failed to either comply with or respond to this order. Therefore, we dismiss the appeal. See TEX. R. APP. P. 42.3(c).

PER CURIAM

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