MEMORANDUM OPINION No. 04-10-00819-CV Celso MARTINEZ, Appellant v. PINNACLE PARTNERS FINANCIAL CORPORATION, Appellee From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2010-CI-02440 Honorable John D. Gabriel, Jr., Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: February 9, 2011 DISMISSED The clerk’s record was due on January 3, 2011, and has not been filed. On December 27, 2010, the trial court clerk filed a notification of late record stating that appellant had failed to pay or make arrangements to pay the clerk’s fee for preparing the clerk’s record, and appellant is not entitled to appeal without paying the fee. On December 29, 2010, this court ordered appellant to show cause in writing by January 10, 2011, why this appeal should not be dismissed for want of 04-10-00819-CV prosecution. Appellant did not respond. Accordingly, the appeal is dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b). Costs of the appeal are taxed against appellant.

PER CURIAM

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