In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-12-00495-CV ____________________ WILLIAM J. MORRISS III, D/B/A JUD'S EUROTYPES, Appellant V. GERALD W. DALRYMPLE, Appellee _______________________________________________________ ______________ On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 12-26226-CV ________________________________________________________ _____________ MEMORANDUM OPINION On January 24, 2013, we notified the parties that the appeal would be dismissed for want of prosecution unless arrangements were made for filing the record or the appellant explained why additional time was needed to file the record. The appellant did not respond to the Court’s notice. The appellant did not file an affidavit of indigence and is not entitled to proceed without payment of costs. See Tex. R. App. P. 20.1. There being no satisfactory explanation for the failure to file the record, and there being no

reasonable explanation for the failure to pay the filing fee for the appeal, the appeal is dismissed for want of prosecution. Tex. R. App. P. 37.3(b); Tex. R. App. P. 42.3.

APPEAL DISMISSED.

________________________________ HOLLIS HORTON Justice

Opinion Delivered February 21, 2013 Before Gaultney, Kreger, and Horton, JJ.