Fourth Court of Appeals San Antonio, Texas October 3, 2016 No. 04-16-00607-CV TOLL BROS, INC., Appellant v. BUILDERS FIRST SOURCE-SOUTH TEXAS, L.P., Appellee From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2015-CI-13962 Honorable Larry Noll, Judge Presiding

ORDER On September 22, 2016, appellant filed its notice of appeal. On October 3, 2016, the trial court clerk filed a notification of late record, stating that the appellant has failed to pay or make arrangements to pay the fee for preparing the clerk=s record.

We, therefore, ORDER appellant to provide written proof to this court within ten days of the date of this order that either (1) the clerk’s fee has been paid or arrangements have been made to pay the clerk=s fee; or (2) appellant is entitled to appeal without paying the clerk’s fee. If appellant fails to respond within the time provided, this appeal will be dismissed for want of prosecution. See TEX. R. APP. P. 37.3(b).

_________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of October, 2016.

___________________________________ Keith E. Hottle Clerk of Court