Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00733-CV Joseph P. SMITH, Appellant v. Lori E.

Lori E. SMITH, Appellee From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-09439 Honorable Gloria Saldaña, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: December 18, 2013 DISMISSED The clerk’s record was due on October 17, 2013, and has not been filed. 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 November 19, 2013, this court ordered appellant to show cause in writing by December 2, 2013, why this appeal should not be dismissed for want of prosecution. Appellant 04-13-00733-CV

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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