Midland Western Building, LLC v. First Service Air Conditioning Contractors, Inc. ( 2006 )

Opinion filed September 21, 2006

Opinion filed September 21, 2006

                                                                        In The

    Eleventh Court of Appeals

                                                                 ____________

                                                          No. 11-06-00132-CV

                                                    __________

                      MIDLAND WESTERN BUILDING, LLC, Appellant

                                                             V.

    FIRST SERVICE AIR CONDITIONING CONTRACTORS, INC., Appellee

                                        On Appeal from the County Court at Law

                                                         Midland County, Texas

                                                Trial Court Cause No. CC-11,650

                                             M E M O R A N D U M   O P I N I O N

Midland Western Building, LLC has perfected an appeal from the trial court=s judgment signed on April 13, 2006.  An affidavit of inability to pay costs on appeal was not  filed. The clerk=s record, the reporter=s record, and the required filing fee have not been filed in this court; and the court reporter has notified this court in writing that no arrangements have been made for the payment of the reporter=s record.

In a letter dated August 14, 2006, the clerk of this court informed the parties that unless the appellate record was filed in this court on or before August 29, 2006, this appeal could be subject to dismissal. As of this date, there has been no response to our August 14 letter.

The failure to file the appellate record appears to be due to appellant=s actions.  Tex. R. App. P. 37.3(b). Therefore, the appeal is dismissed for want of prosecution.

PER CURIAM

September 21, 2006

Panel consists of:  Wright, C.J., and McCall, J.

Strange, J., not participating.