IN THE

TENTH COURT OF APPEALS

No. 10-10-00382-CV

Joe Vittonel, Jr.,

                                                                                    Appellant

 v.

BNSF Railway Company,

                                                                                    Appellee

From the 21st District Court

Burleson County, Texas

Trial Court No. 25,152

Joe Vittonel, Jr. appeals from the trial court’s order granting summary judgment in favor of BNSF Railway Company.  The clerk’s record in this appeal is past due.  In a letter dated December 15, 2010, the Clerk of this Court notified Vittonel that the clerk’s record had apparently not been filed because he had failed to pay or make arrangements to pay the clerk’s fee for the preparation of the clerk’s record.  In the same letter, the Clerk of this Court warned Vittonel that he 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 the letter or the appeal would 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 whether Vittonel paid or made arrangements to pay the clerk’s fee.

            Accordingly, this appeal is dismissed.  Id.

                                                                        TOM GRAY

                                                                        Chief Justice

Before Chief Justice Gray,

            Justice Davis, and

            Justice Scoggins

Appeal dismissed

Opinion delivered and filed January 19, 2011

[CV06]