Michael J. Sticht and Roberta B. Craven v. Paul Gallagher, Laura Gallagher, and Judith Oetting ( 2008 )

                                      COURT OF APPEALS

                                       SECOND DISTRICT OF TEXAS

                                                   FORT WORTH

                                        NO. 2-08-091-CV

MICHAEL J. STICHT AND ROBERTA B. CRAVEN                     APPELLANTS

                                                   V.

PAUL GALLAGHER, LAURA GALLAGHER,                                APPELLEES

AND JUDITH OETTING

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            FROM THE 236^TH DISTRICT COURT OF TARRANT COUNTY

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                  MEMORANDUM OPINION^[1] AND JUDGMENT

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On April 21, 2008, we notified appellants that the trial court clerk responsible for preparing the record in this appeal had informed this court that arrangements had not been made to pay for the clerk=s record as required by Texas Rule of Appellate Procedure 35.3(a)(2).  See TEX. R. APP. P. 35.3(a)(2).  We stated that we would dismiss the appeal for want of prosecution unless appellants, within fifteen days, made arrangements to pay for the clerk=s record and provided this court with proof of payment. 

Because appellants have not made payment arrangements for the clerk=s record, it is the opinion of the court that the appeal should be dismissed for want of prosecution. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 37.3(b), 42.3(b).

Appellants shall pay all costs of the appeal, for which let execution issue.

PER CURIAM                      

PANEL D:  GARDNER, WALKER, and MCCOY, JJ.

DELIVERED:  May 22, 2008

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^[1]See Tex. R. App. P. 47.4.