In The Court of Appeals Ninth District of Texas at Beaumont ___________________ NO. 09-12-00481-CV ___________________ DONALD SNOW AND JOANN SNOW, Appellants V. RICK STAYNER D/B/A R & R CONSTRUCTION MARINE SERVICES, Appellee _________________________________________________________________ _ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 10-12-13445 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 appellants explained why additional time was needed to file the record. We also notified the parties that the appeal would be dismissed unless the appellants remitted the filing fee for the appeal. The appellants did not respond to the Court’s notices. The appellants did not file an affidavit of indigence and are 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.

______________________________ STEVE McKEITHEN Chief Justice Opinion Delivered February 21, 2013 Before McKeithen, C.J., Gaultney and Kreger, JJ.